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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-10-28 Daily Xml
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BUSHFIRE BUNKERS

The Hon. S.G. WADE (14:31): I seek leave to make a brief explanation before asking the Minister for Consumer Affairs a question relating to bushfire bunkers.

Leave granted.

The Hon. S.G. WADE: On 21 October 2009, the minister issued a statement on bushfire bunkers expressing the government's concern that consumers are being misled by some traders claiming that their bunkers meet an Australian standard for the product, despite there being no standard in place at that time. Minister Holloway recently advised the council that the government has introduced new planning procedures to process applications for bushfire bunkers based on the Australian Building Codes Board performance standard for private bushfire shelters.

Victorian-based bushfire bunker manufacturer, Wildfire Safety Bunkers, has been distributing pamphlets in South Australia and promoting on its website that it supplies 'Australia's First & Only Fully Approved Fire Safety Bunker'. The material states that the shelter has been accredited by the Building Regulations Advisory Committee, commonly known as BRAC. The BRAC is part of the Building Commission, an agency of the Victorian Department of Planning and Community Development. It is not the Australian Building Codes Board. It does not accredit bunkers for use in South Australia.

The Office of Consumer and Business Affairs website provides no information on bushfire bunkers, other than the minister's warning, which is now more than a year old and out of date. The CFS website indicates that a bushfire shelters and bunkers fact sheet is coming soon. I ask the minister:

1. Has the government taken action in relation to Wildfire Safety Bunkers, to ensure that claims of accreditation of another jurisdiction do not mislead South Australian consumers as to accreditation in this jurisdiction?

2. Given that the fire danger season starts in some parts of the state next week, when will the government provide South Australian consumers with relevant, up-to-date consumer information on bushfire bunkers?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for the City of Adelaide) (14:33): South Australia has become one of the first states in Australia to adopt the National Building Standard for private bushfire shelters. South Australia joins Victoria in adopting the national standard in time for this year's bushfire season. As the Minister for Urban Development and Planning has announced, building applications will be referred to a committee of experts to ensure all bushfire bunkers in this state comply with the new performance standard. As there was previously no national standard for the construction of bushfire shelters, it was difficult for local councils to assess whether any particular design would provide a reasonably safe refuge during a particularly catastrophic bushfire event.

The changes to development regulations now in force in South Australia allow any application to be referred to the Building Rules Assessment Commission to ensure that the proposed design complies with the new national standard. The state government's decision to refer all applications to the Building Rules Assessment Commission (a subcommittee of the Development Assessment Commission) follows the Australian Building Codes Board's publication in April of a performance standard. The Building Rules Assessment Commission comprises technical experts appointed for ensuring national consistency and timely decision-making on technical matters relating to compliance with the Building Code of Australia.

The introduction of assessment controls for the building of bushfire bunkers in South Australia is one of the many steps this government is undertaking for the safety of South Australians. In October last year I issued a media release warning South Australian consumers against the misleading claims made by sellers of bushfire bunkers who, like sellers of any goods or services, cannot misrepresent their bunker as complying with a particular standard. Obviously, if that is not true, it is an offence. Under the Fair Trading Act individuals and companies face penalties of $20,000 and $100,000 respectively should they be convicted of making a false or misleading claim or representation in connection with the supply of goods and services. This also covers misrepresenting bunkers.

Any allegations of misrepresentation made by the sellers of bushfire bunkers in South Australia will be investigated and action taken. If members are aware of any representations I urge them to provide my office with the relevant information. In terms of the information on the website, I am happy to look into that to make sure the website is brought up to date as soon as possible.

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