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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-03-19 Daily Xml
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LOCAL GOVERNMENT EMPLOYEES

The Hon. S.G. WADE (14:47): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations questions regarding council employees entering and working on firegrounds.

Leave granted.

The Hon. S.G. WADE: The 2005 Wangary fires on Lower Eyre Peninsula claimed nine lives, injured 115 people and destroyed 93 homes. A total of 77,964 hectares of land were also damaged. During the fire, employees of the District Council of Lower Eyre Peninsula attended the fireground and assisted in creating firebreaks using council equipment. The council employees remained on the fireground until 9.30 of that Monday night when it was decided it was unsafe 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 a significant difference could have been made to fighting the fire which turned into the Black Tuesday fire if the council equipment had been further utilised.

The opposition is advised that council engagement on firegrounds is being inhibited due to a lack of clarity as to who bears the responsibility and liability for the safety of council workers entering firegrounds and operating council machinery on these grounds. Confusion arises in particular where council workers are acting under instructions from the South Australian Metropolitan Fire Service or the South Australian Country Fire Service and not their employing council. Had the confusion of liability been clearer, work may well have continued and a more extensive series of firebreaks been prepared on Eyre Peninsula. My questions are:

1. Can the minister advise the Legislative Council whether local government councils are responsible and liable for the safety of the employees when entering a fireground?

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

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (14:49): I thank the honourable member for his most important questions. I would need to seek advice in relation to those matters and would be happy to take that on notice and bring back an answer at a later date.

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