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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-11-28 Daily Xml
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LOCAL GOVERNMENT EMPLOYEES

The Hon. S.G. WADE (14:37): I seek leave to make a brief explanation before asking the Minister for Local Government a question relating to council employees entering and working on firegrounds.

Leave granted.

The Hon. S.G. WADE: The 2005 Wangary fires on the Lower Eyre Peninsula claimed nine lives, injured 115 people and destroyed 93 homes. In total 77,964 hectares of land were destroyed. During the fire employees of the District Council of Lower Eyre Peninsula attended the fireground to assist in creating a firebreak using council equipment.

The council employees stayed on the fireground until 9.30pm when it was decided it was not safe to continue using the council machinery. The Deputy State Coroner found that, had they been asked, the employees would have continued to work on the fireground. The inquest concluded that had the council equipment been further utilised a significant difference could have been made to fighting the fire.

The opposition has been advised that council engagement on firegrounds is being impaired by confusion as to who bears the responsibility for the safety of council workers who enter firegrounds and operate council machinery on these grounds. The confusion arises in particular where council workers are operating under instructions from the South Australian Fire Service and no longer following the instructions from their employing council. My questions to the minister are:

1. Can the minister advise the council whether councils are responsible for and liable for the safety of their employees when entering a fireground?

2. Who is liable for any actions or decisions made by a council employee on a fireground?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:38): I would like to thank the member for his very important questions. I think that the answers are probably not straightforward. I think that the questions deserve answers warranted by the seriousness of the questions, so I will take them on notice and get back to him as soon as possible.

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