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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-09-23 Daily Xml
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CIVIL LIABILITY (FOOD DONORS AND DISTRIBUTORS) AMENDMENT BILL

Second Reading

Second reading.

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (17:16): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill aims to encourage food businesses, as well as private individuals, to donate safe surplus food to charity. Everyone knows that, every day, food businesses throw away quantities of good food that they have been unable to sell. Although we cannot be certain, the Government thinks that an important factor in causing businesses to dispose of food rather than donate it is the fear of legal liability, should a consumer suffer ill-effects.

The Government would like to remove that disincentive, in the hope of encouraging businesses to choose to donate safe, surplus food to the many charities ready to distribute it to those in need. A similar initiative in Victoria has substantially increased food donations, through the organisation One Umbrella. New South Wales has also now provided food-donor protection.

Accordingly, this Bill proposes to give legal protection to food donors rather like the legal protection we already give to good Samaritans. Our law already says that a good Samaritan who comes to the aid of another in an emergency is not legally liable for any harm, as long as the good Samaritan was acting in good faith and without recklessness. In the same way, this Bill would protect a food donor from liability, as long as, at the time the food was donated, the donor neither knew the food to be unsafe nor was reckless about this.

Fears have naturally been expressed about the risk of dumping unsafe food on charities as a cheap, risk-free alternative to other disposal. The Bill guards against that risk, in that if the person knew the food was unsafe, or was reckless about its safety, legal liability remains. There is therefore a basic obligation on the donor not to donate food that the donor knows or should know is unsafe. The Bill is not a licence to take risks with other people's health.

The Government has consulted the charitable sector through the peak body, SACOSS, which now supports the Bill. The Government has agreed to keep the new law under review in light of any evidence that SACOSS or others may gather about the effects of the Bill. Accordingly, the Bill includes a clause providing for a review after two years. We have also promised that food-safety information will be made available to charitable distributors of food so that they can adequately protect the recipients.

I wish to thank the Law Society for its enthusiastic support of this measure. I acknowledge, in particular, the work of the Society's New Lawyers Committee, which was instrumental in formulating this proposal and in securing the support of SACOSS. I also acknowledge the support of Restaurant and Catering S.A., which indicates that it expects the Bill substantially to increase donations by the restaurant and catering industry.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Civil Liability Act 1936

4—Insertion of Part 9 Division 11A

This clause inserts a new Division as follows:

Division 11A—Food donors and distributors

74A—Food donors and distributors

This new section protects a food donor or distributor from civil liability for loss of life or personal injury arising from consumption of food donated or distributed, except if the donor or distributor knew or was recklessly indifferent to the fact that when the food left his or her possession or control it was unsafe within the meaning of the Food Act 2001.

A food donor or distributor is one who, acting without expectation of payment or other consideration and for a charitable or benevolent purpose, donates or distributes food with the intention that the consumer of the food would not have to pay for the food.

The provision requires the Minister to report to Parliament on the operation of the provision over its first 2 years.

Debate adjourned on motion of Hon. I.K. Hunter.

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