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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2024-09-24 Daily Xml
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Bills

Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 10 September 2024.)

Ms HUTCHESSON (Waite) (11:01): I rise in support of this bill and these amendments. Being a trained senior first aider, including with advanced resuscitation training through my duties as a volunteer CFS member, I really understand how important these devices can be in saving lives. Having access to an automated external defibrillator when needed may be the difference between life and death for someone having a heart attack or going into cardiac arrest.

These devices are easy to use. Almost anyone can use them—literally anyone. The device tells you where to put the pads and when to stand clear. It only distributes an electric shock when it is needed so the patient is safe.

I have continued to understand the importance of these devices every time I update my advanced resus first aid certificate and encourage anyone who can to do their first aid training. From this and the advice from the Heart Foundation, I know that timing is everything. Every minute that a casualty lies without the assistance of CPR and the AED to restart the heart reduces their chance of surviving by 10 per cent.

The Automated External Defibrillators (Public Access) Act 2022 is important legislation that will make life-saving automatic external defibrillators mandatory in public buildings including schools, universities, libraries, sporting facilities, local council offices, theatres and swimming pools to help save the lives of South Australians from cardiac arrest.

This historic legislation was the first in Australia. It was brought to this parliament by the Hon. Frank Pangallo from the other place and was supported and carried as legislation. The Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill 2024 seeks to amend the act for the purpose of removing ambiguity around the applicability, scope and requirements of the act, which will enable consistent interpretation and application.

Some of the key provisions of the bill include refined definition clauses to clarify the applicability of the act by defining key words. Including a definition of 'owner' in the act will ensure a clear distinction is drawn between the obligations imposed by the act on a building owner versus a tenant. Additionally, the proposed definitions clarify what is regarded as a building or facility, which will see smaller businesses being carved out from the act, allowing them to continue on in this time when things are a bit tough.

There will be a new provision for the exclusion of certain buildings and facilities from the requirements of the act, for reasons including:

instances where there is a superior response mechanism in place and the people are trained medical staff;

instances in which the presence of an AED presents safety concerns; and

instances where the building or facility is entirely inaccessible to the public and therefore the mandated presence of the AEDs would not align with the intent of the act, with the requirement being to install AEDs within the floor area that is publicly accessible.

The bill proposes the removal of the requirement to annually test an AED, in accordance with advice from the department's biomedical experts and advice received from consultation that confirms that AEDs should be maintained in accordance with the manufacturer's instructions. Given they have created, tested and trialled the device, this will ensure optimal device performance in the event of an emergency.

A new provision is proposed which enables the making of exemptions on a case-by-case basis according to the requirements of the act. The minister will also be able to appoint a suitable person to be an authorised officer who will have powers to confirm that installation, registration and maintenance of AEDs by building owners meet the requirements of the act, aiming to strengthen compliance. The bill also proposes a delayed commencement date for prescribed vehicles due to the logistical implications of removing fleet to enable the installation of AEDs on public buses, noting that almost all the fleet is in use.

These amendments ensure that the intent of the act is strengthened by requiring the installation of AEDs in buildings and facilities that are publicly accessible, noting the intent of the act is to increase the availability of AEDs in public areas to be used by the community in the event of a cardiac arrest.

To support the rollout of AEDs for community and sporting groups, our government started the South Australian AED Grants Program, providing $1,000 grants to not-for-profit community, cultural or sporting organisations to assist with the cost of purchasing a defibrillator for their building or facility. The first round of these grants was run earlier this year and provided over 200 grants to over 160 organisations right across South Australia. In my electorate, I was pleased to see Bellevue Heights Tennis Club successful in their application.

The tennis club, located at Manson Oval in Bellevue Heights, provides a great opportunity for both its members and also community members to play and enjoy tennis. The oval itself also hosts cricket and soccer, and I am glad to know that if there is now an emergency on site, the AED will be available. Our government will be providing further grant opportunities to community and sporting groups to ensure more of these organisations can be supported, and I encourage all of my sporting groups and community groups to see if one of these AEDs might be right for them.

I would like to take a minute to extend my thanks to anyone who puts their hand up to help someone who is experiencing a cardiac event. It can be traumatic, as it will not always end with the patient surviving, but with more AEDs around public areas the opportunity to assist increases. I do encourage anyone who is able to, to consider doing the necessary first aid course to familiarise themselves with CPR. These courses also include training on how AEDs work. The more people we have trained to administer CPR, or even just assist, means more lives can be saved.

Our government has begun the installation of AEDs in some of the places mandated under the legislation, including CFS, MFS and SES vehicles, in preparation for the commencement date for government facilities of 1 January 2025. Having these onboard our emergency service vehicles allows our first responders to immediately have the benefit of the AED. The help that this provides to guide them with CPR, and to administer shock if required, allows them to totally focus on what they are doing in a situation where someone is in cardiac arrest. These incidents are very stressful, and it is good to know these units will be available on all resources.

In regard to those who can and do step up in a time of need, I would like to raise awareness of the GoodSAM app. The GoodSAM app is an alert system that uses a phone app to notify registered responders, like off-duty health professionals and first aiders, if someone is experiencing a cardiac arrest near them. These responders can provide CPR while an ambulance is on the way. The GoodSAM app also provides details of nearby AEDs, further improving the chances of surviving a cardiac arrest.

Earlier this year, stories were shared with me that a couple—Brevet Sergeant Jarryd Simister and his wife, Elli Simister, who is an Emergency Medical Dispatch Support Officer with SAAS—who are incredibly valued within my community, and who are registered with the GoodSAM app, have attended multiple requests for assistance through this app. One such example was an elderly lady who was having a cardiac arrest in the middle of the night.

Jarryd hopped out of bed and ran 600 metres down the road to offer his assistance after he had received the alert through the GoodSAM app. On arrival, the patient was unconscious and unresponsive. Jarryd administered CPR until the paramedics arrived. Without the help of Jarryd, it is clear the patient would have unlikely survived. He has since received a letter from the lady's son. I will not read all of it, but it starts with:

I just wanted to take the opportunity to personally thank you for your actions last Wednesday night in saving my mum's life.

It went on to say:

We had no idea about the GoodSAM app that you have on your phone, and from everything that we have been told, your actions are what saved [my mum's] life.

My thoughts cannot be put into words properly to explain just how thankful we are for what you did.

Jarryd and Elli are compassionate community members who choose to help—such an incredible thing to do—and I thank both of them and all who do not hesitate to offer assistance.

There are many stories about how AEDs have helped save lives. Having them as available as possible in public areas increases chances of survival. Having them to help in emergencies can make all the difference. I commend the bill to the house.

Ms PRATT (Frome) (11:09): I rise to speak in support of this bill and note that I am the lead speaker for the opposition. In reflecting on speeches that have traversed a couple of weeks now in relation to the Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill, I note that this bill comes two years after the introduction of the Automated External Defibrillators (Public Access) Bill 2022, as initiated by the Hon. Frank Pangallo in the other place.

I am going to take this opportunity today to reflect on the progress that has been made, and the ongoing reform that is underway, since 2022 when this first came into place. To provide some background on the AED act, it first received royal assent on 8 December 2022, making South Australia the first jurisdiction in the country to mandate the installation of AEDs. I note and will continue to reflect on the opposition's contribution to this act. The act as it stands comes into operation on 1 January 2025 for government agencies and rolls out a year later, that being on 1 January 2026, for other relevant buildings, facilities and vehicles, which are explained further in this amendment bill.

A whole-of-government steering committee was established in September 2023 to oversee the implementation of the act, including the legislative framework. Following advice from that steering committee, it was identified that legislative amendments were required to allow for changes to the act to ensure it can be operationalised to achieve the intent in the most effective manner, and I think our second reading speeches are starting to capture what some of those necessary amendments have been.

The amendment bill resolves ambiguity associated with the act's requirements to ensure consistent application and to enable effective operationalisation through regulations. In addition to that, regulation powers include:

a maximum limit of AEDs to be prescribed through the regulations;

the ability to define what does and does not constitute installation of an AED and signage;

application only to retirement villages with shared amenities;

prescribed vehicles such as public buses, trams or trains with operation delayed until 1 January 2026; and

the inclusion of relevant building and relevant facilities to ensure all designated locations or facilities will require at least one AED.

While the government has assured us that the legislation was robust at the time, it certainly has now had time to move a number of amendments to operationalise the legislation. The opposition supports the amendment to section 9 of the act that removes the requirement for mandatory testing of AEDs at least once every 12 months and substitutes it with a clause or stipulation that ensures that the automated external defibrillator is maintained in accordance with any instructions of the manufacturer of the automated external defibrillator.

We understand that this is in accordance with advice from the department's biomedical experts and it is also supported by peak bodies such as the South Australian Business Chamber. I also take this opportunity to echo the concerns of the SA Business Chamber, who have asked the government to ensure that business representatives are included on the across-government AED steering committee.

In a current cost-of-living crisis, we know businesses are doing it tough, with costs continuing to rise and no obvious relief by this government in sight. The penalties for noncompliance are incredibly high—up to $20,000 in fines—and we need to ensure that in this current climate the government is doing all it can to remove red tape to allow businesses to operate with as little administrative burden as possible.

This bill makes AEDs mandatory in public buildings, such as schools, universities, libraries, sporting facilities, local council offices, theatres and swimming pools. The bill also removes the requirement for the minister to establish a training scheme under the act and provides him with the power to appoint a suitable person to be an authorised officer. I note that some of the key changes to this act are:

the removal of the need for annual testing and aligned maintenance with the manufacturer's instructions for AEDs;

the removal of vehicles from the requirement to register with the AED because they could not record non-static locations;

the alignment of requirements for software applications under section 13 with the current application, which integrates with the SAAS dispatch system;

the inclusion of multiple powers to make regulations to support the operationalisation of the act;

the inclusion of an exemption clause that permits a specific building, facility or vehicle to be exempt from the act's operation, or a specific provision or provisions; and

the inclusion of a delegation power to allow the minister to assign those duties and responsibilities.

So while we support the bill, we are concerned that the government pushed the initial legislation through without due consideration to its operation, while the initial bill was being steamrolled through, with good intent, as signalled by the member in the other place. I recall distinctly much time spent during committee asking very commonsense, practical questions of the government at the time about the introduction of the initial amendment bill, and what we see in this amendment bill now are a lot of those questions that the opposition was flagging, coming through in recognition that there needed to be reform around maximum penalties, how an AED would be used in vehicles, testing protocols, retirement villages, questions about awareness campaigns and definitions.

I am going to take a moment to reflect on some of those questions that were put during committee. I note the member for Flinders asked at the time: who is going to be tasked with the not insignificant challenge of visiting each of these areas with registered AEDs on all of these different sites, multiple ones, all around the state; is this going to be an ongoing monitoring program, or is it going to be a sporadic one; and what is envisaged by the government when it comes to testing? The minister's response at the time was:

The enforcement will have to be considered over time, and it would be a reasonable, commonsense way in which this would be enforced. The suggestion that you would establish a fleet of people who would check every single AED in the state is not entirely practical.

And here we are, with the opposition's questions around the validity of that testing protocol now being reformed.

When it comes to a review of how an AED might be situated in a retirement village, questions were again asked and criticism was again applied by the government at the time, but the minister's response was:

If there are particular issues, then we will consider them over the course of the three years leading into the implementation and also whether there are particular regulations…

My criticism is that there was an opportunity two years ago during committee to have more attention paid to some of the reasonable questions that the opposition was, indeed, asking. The member for Schubert during committee, and possibly during her second reading speech, made the following comments:

We do urge those opposite to consider the amendments we are putting forward. In saying that, it is hoped that the current government will follow the former government's lead in ensuring some grants are made available to sporting clubs in particular to support them in complying with this legislation. Whilst we acknowledge that the smallest amount or the lowest cost for an AED is currently $360…

And she continues on with the virtues of a grants program. Fast-forward to this year and the minister, in his second reading explanation on this current bill, made the following reflections:

[The government has] also commenced a new grant program helping the community and sporting organisations purchase AEDs, with the first round of the South Australian AED Grants Program opening in May this year, offering $1,000 grants to the not-for-profit community, cultural and sporting organisations to assist with the cost of purchasing a defibrillator for their building or facility.

I only raise this not to criticise the current bill before us but to remind the government that when legislation of this type comes through the house the opposition takes very seriously what is being put before us, that our approach to amendment bills and to the committee process is sincere and genuine and that questions being asked two years ago have now come to fruition through the government's amendment bill.

I want to recognise to the minister who is with us in the chamber that, as the member for Frome, I have enjoyed visiting particular facilities and community groups in my electorate that have taken up the opportunity to apply for these grants. It is of enormous relief to community groups that are so busy volunteering they worry about many things, but in particular risk and insurance and what it means if something goes wrong, if there is an emergency or a disaster. Certainly, that is heightened in any community that is vulnerable to natural disasters but in particular fire.

To reflect on the process of the grant application and how important that has been to community groups in my electorate, I note the government's commitment to that and the role that I have played in meeting with community groups that have sought to apply for those grants and have been successful.

There is a downside to the introduction of this bill—the enactment, if you like—and that has been for community groups just to grapple with the details required for being compliant, concerns about noncompliance, concerns about fees and fines and complications where a facility is owned by, let's say, a local council, where the building has been sold and a private investor has come along to purchase it. What I am discovering is confusion at the community level from volunteers who are expected to navigate technical legislation and compliance matters like this, private owner-operators who perhaps are not as savvy as they need to be with their own duties, and the vulnerability that progress associations and community groups find themselves in when they are at the mercy of their landlord.

They might only use that building once a week, once a fortnight, once a month, but there will be requirements made of communities to be compliant with the installation and maintenance of these AEDs. As the lead speaker for the opposition on this bill, we certainly have intended to signal our support for the intent of this amendment bill, noting that two years ago we were on the record asking some very practical questions that have now made their way back to the chamber. With that, I conclude my remarks.

Ms THOMPSON (Davenport) (11:23): I, too, rise in support of the Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill 2024. As we know, access to an automated external defibrillator (AED) can and has saved lives. For every minute you delay defibrillation, a person's chance of surviving cardiac arrest decreases by 10 per cent. In the event of an emergency, time is of the essence, and to help ensure community safety, Labor has once again stepped up to the plate.

On coming to government in 2022, we made passage of the public access bill a priority. In fact, it is legislation that Labor supported in the previous term of government as well, before a then Liberal government allowed the bill to lapse. We have put this legislation back on track and are making sure that we bring the community along with us.

Not only did we get this legislation through parliament and successfully implemented but we have also put forward $3 million in funding to ensure community groups and sporting clubs are appropriately supported. Round 1 of the state government's AED Grants Program was run earlier this year, with over 200 $1,000 grants provided to more than 160 organisations across the state. With this funding available through until December 2025, Mr Deputy Speaker, you can rest assured that access to life-saving devices is only going to improve.

I would like to acknowledge, first, the work of the Hon. Frank Pangallo in the other place in developing this legislation, the first of its kind in Australia—which, of course, this Malinauskas Labor government was proud to support. On a local level, there are a few people worthy of mention as well, not just for their advocacy where the installation of community accessible AEDs is concerned but for their wanting to improve outcomes for people experiencing cardiac arrest more generally.

The first amongst those people is Judith Ellis of Aberfoyle Park, who approached me with a suggestion for a defib at the Happy Valley Reservoir back in February 2023. As some members would know—and certainly as many in my community know—you can find me at the Happy Valley Reservoir every Friday morning at 9am for a lap of the Woodland Loop and a coffee afterwards with my community.

The Happy Valley Reservoir is a place to walk, run, fish, kayak, barbecue—you name it. Importantly, it provides drinking water to much of the central metropolitan area as well, and we cannot forget that. It goes without saying that the reservoir reserve is one of my community's most valuable assets and is a place for people of all ages to enjoy. Thanks to Judith, four defibrillators were installed at the reservoir within a few months of her reaching out, and while I sincerely hope they are surplus to requirements, I also hope they provide anyone in my community wanting to picnic in Happy Valley or to join me for a walk around the reservoir on a Friday morning with a new level of comfort.

While we are on the topic of the Happy Valley Reservoir, a new access gate was opened in the western boundary, opposite Serpentine Road, just a few weeks ago. It may not sound much to the people in this room, but this has been a long time coming for my community. So to Lauren, Laura and Russell, and everyone else who has written to me between March 2022 and now, we did it—we have finally unlocked pedestrian reservoir access for families in O'Halloran Hill and Happy Valley's north.

Another lady I would like to make special mention of today is Emiley Quinn of Flagstaff Hill, who contacted me in October 2022 to suggest that South Australia consider joining the GoodSAM program. For anyone who is unfamiliar with GoodSAM, it is a mobile app that notifies registered responders when a person near them experiences a cardiac arrest, triggered by phone call to 000.

In the short time since we launched GoodSAM, it has already saved several lives, including that of a two year old in Kadina last year. A couple of off-duty ambos accepted the GoodSAM alerts following reports a barbecue smoker had fallen on a child and provided emergency assistance until paramedics arrived shortly after. Another case saw a man in his fifties suffer a cardiac arrest before two more off-duty SA Ambulance Service staff rendered assistance using a community accessible defibrillator, a firsthand example of why this legislation is so important.

In 2021, it was one of Emiley's own family members who suffered a cardiac arrest, but thankfully the proper care they received that day helped save their life. That experience prompted Emiley to contact me, and just a few months later the Minister for Health and Wellbeing was announcing GoodSAM's rollout here in South Australia. These are good examples of how community suggestions can bring about serious statewide change, and it also demonstrates that in this Malinauskas Labor team you have a government that listens.

Today's amendment bill seeks to remove ambiguities within the act to ensure its consistent interpretation and application across multiple settings. The act was always intended to increase the availability of AEDs in public areas for community use, and any change we can make to eliminate confusion and assist that rollout is a change worthy of the chamber's consideration. I commend the bill to the house.

Ms WORTLEY (Torrens) (11:29): I rise to add my voice to the Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill 2024, which seeks to amend the act for the purpose of removing ambiguity around the applicability, scope and requirements of the act. Put simply, it is making it clear. The amendments ensure the intent of the act is strengthened by requiring the installation of AEDs in buildings or facilities that are publicly accessible, noting that the intent of the act is to increase the availability of AEDs in public areas to be used by members of the community in the event of a cardiac episode.

The importance of this legislation cannot be stressed enough. It is without doubt life-saving, making automated external defibrillators mandatory in public buildings, including sporting facilities, universities, schools, libraries, council offices, cinemas, theatres, swimming pools and, as we have just heard from the member, even along the walking trail of a reservoir, to give South Australians experiencing a life-threatening cardiac episode the best chance of recovery. Time is crucial, and every minute impacts not only on the chance of recovery but even the extent of the recovery. The Heart Foundation tells us that every minute without defibrillation to restart the heart reduces the chance of surviving by 10 per cent.

We know South Australians have much to be proud of in leading the way with firsts, and this life-saving legislation before us today is another first. I would like to acknowledge the significant role played by the Hon. Frank Pangallo in the other place and, of course, the health minister, the member for Kaurna, to get us to this point.

The South Australian government has already installed AEDs in some of the places mandated under the legislation, including CFS, MFS and SES vehicles, in preparation for the commencement date for government facilities of 1 January 2025, with the legislation to commence for non-government owned facilities from 1 January 2026.

To support not-for-profit, community, sporting and cultural organisations acquiring AEDs, the Malinauskas government is rolling out the South Australian AED Grants Program, providing $1,000 towards the purchase of an AED for their facility. The first round delivered over 200 grants to more than 160 organisations across South Australia. In Torrens, we had three successful recipients: the Molinara Cultural and Community Club in Holden Hill, the Salvation Army hall in Oakden and the North Eastern MetroStars Soccer Club in Klemzig. I would like to thank these organisations for being so quick to submit their application to ensure our local communities are well equipped in the case of an emergency.

I would also actively encourage all of these organisations and all organisations installing AEDs to ensure they have as many members as possible attend a session on using an AED. Although they are simple and self-explanatory, I know that Gaza Sports and Community Club were very happy to have a special session, which was attended by a significant number of their members and players. I look forward to the commencement of this legislation that will ensure increased public access to AEDs across our state, an important measure to help save the lives of South Australians who experience a cardiac episode and also assist families who would otherwise endure the heartache of losing a loved one.

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (11:33): I want to thank all the members who have contributed to the debate: the members for Frome and Bragg on the other side and, on our side, the members for Waite, Davenport and Torrens. I thank the opposition for their support of this legislation. This is very important legislation to make sure that this act, which is really world-leading in terms of the availability of defibrillators in our community, saves lives.

These amendments to make sure it is workable are important for businesses and community groups across the state and, I think, go a long way in terms of addressing the concerns and the implementation issues as we have been navigating that since the original legislation was passed. I want to thank the Hon. Frank Pangallo for his instigation of this legislation to begin with and also the various organisations that have supported him in that effort, particularly the Heart Foundation but also Greg Page, the Yellow Wiggle, who I have met with a number of times, who is a passionate advocate for this action.

As has been discussed, we have had an implementation group, a government steering committee across government. It has been ably led by the Deputy Chief Executive of the Department for Health and Wellbeing, Sinead O'Brien, and I want to thank her and everyone on that group. I also want to thank the members of our team who have been working very hard on this legislation: Janelle Lemmy, Charlotte Butchart, Carolina Nebbiai and Lizzie Metcalf from the implementation team, and also Dylan Anesbury from my office, who have brought this legislation here. I thank the parliament for their support and look forward to this legislation being implemented and it making a real difference in terms of the availability of AEDs in our community to ultimately save more people's lives.

Bill read a second time.

Third Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (11:35): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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