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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-02-22 Daily Xml
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Country Fire Service

Adjourned debate on motion of Hon. B.R. Hood:

1. That a select committee of the Legislative Council be established to inquire into the Country Fire Service (CFS), with particular reference to:

(a) assessing support mechanisms available to volunteer firefighters throughout the state;

(b) examining the processes, procedures, criteria, and timeliness of investigations into volunteer conduct;

(c) examining the adequacy and state of facilities at CFS stations across regional South Australia, with an emphasis on change rooms, bathrooms, and other essential amenities;

(d) determining the transparency and effectiveness of the CFS's capital programs, including facility and appliance replacement programs;

(e) evaluating the communication channels and procedures within the CFS, especially concerning volunteers' ability to voice their concerns and the organisation's responsiveness;

(f) assessing the role and responsibility of the minister in addressing and supporting the concerns of the CFS volunteers;

(g) exploring the adequacy of proposed investments into station upgrades, equipment provisions and other support mechanisms for the CFS volunteers; and

(h) any other relevant matters related to the functioning, governance, and support structures of the CFS.

2. That this council permits a select committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the committee prior to such evidence being presented to the council.

(Continued from 1 November 2023.)

The Hon. F. PANGALLO (16:35): I rise to say that I will be supporting this motion, although I believe it will end up being referred to another committee. I respect and commend the CFS for its service to the communities around South Australia for so many decades. They have kept our community safe, they have protected properties and they have always been there when we have needed them most.

They are a remarkable volunteer organisation made up of units drawn from their communities. They have to make sacrifices for us, often having to leave their work and their families, and putting their own lives on the line. CFS volunteers have died in the line of duty fighting fierce blazes. The CFS is a unique organisation in that the thousands of volunteers must answer to superiors who are, of course, fully paid, and who run it in a regimented way.

Volunteer brigades need to follow the orders and directions imposed by the hierarchy in headquarters. Discipline is in force and it is accepted by the rank and file. However, any dissent or open criticism is not taken lightly. It is also forbidden and can result in severe reprimands. However, such disciplinary impositions tend to suppress legitimate complaints ever being heard or made. No organisation can say they do not experience some dissatisfaction from its members about decisions made by administrators or their managers, and the CFS would not be an exception, but it can also lead to morale issues.

During the Kangaroo Island bushfires in 2020, I met with several CFS volunteers who were unhappy at some of the decisions that had been made or not made that may have resulted in a much different scenario from the holocaust that ensued. In particular, there was a failure by headquarters to provide early advice to members on the ground on Kangaroo Island to move in and create firebreaks in Flinders Chase, just as the blaze was taking hold.

Bulldozers were ready to move in. The fire at the time was described to me as being the size of a football field; however, it took several hours for CFS command in Adelaide to respond, much to the frustration and chagrin of those on the ground. By then, it was too late. The damage was enormous, as we know, to the flora and fauna of this environmentally unique piece of paradise. From there, the fire spread rapidly. The firefighters I spoke to—and there were many—were livid, of course, but could not voice their anger in public for fear of retribution.

There were also complaints about the availability of fire bombers and pilots, and also the use of private aircraft to monitor the fire in its early stages and beyond. As we know, COVID had just broken out so many of these voices could not express their views to the subsequent inquiry by Bill Kelty. In fact, Mr Kelty was due to call me but that never eventuated. The Kangaroo Island firefighters believe that, having the local knowledge and experience, they were best placed to make decisions rather than have to wait for commands to come from headquarters in the city. The chain of command was their prime concern.

We saw media reports last year that CFS volunteers had been muzzled, threatened and also suspended by the organisation for speaking out. The CFS has denied this; however, I heard similar complaints from my discussions while on Kangaroo Island as the fires blazed around us.

This motion by the honourable member seeks to address those communication concerns. It also seeks to get an understanding of support mechanisms for firefighters, and also the way the CFS carries out its inquiries into member conduct. It will also look at the facilities provided and assess the CFS appliances and equipment requirements. I fully support and commend the motion to the chamber.

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (16:40): I rise today to add my remarks to this important motion, and indicate my support. The CFS, or Country Fire Service, plays a crucial and wonderful role in safeguarding communities from the devastating impact of bushfires. Comprising dedicated and selfless volunteers, the CFS demonstrates an unparalleled commitment to public safety.

Their tireless efforts in fire prevention, preparedness and response contribute significantly to minimise loss of life, property, and natural habitats. The CFS embodies the spirit of community resilience, fostering a sense of unity and solidarity amongst its members. Their extensive training, targeted equipment, and strategic planning enables them to combat wildfires effectively.

I would like to make a special note of those other volunteers who are not on the frontline of accidents and emergencies yet who play as imperative a role as the first respondents: the radio operators, the logistics coordinators, personnel and shift managers, the admins in the background, the voice at the end of the phone, the vollie who is always ready with a water bottle, a washcloth and a much-needed iceblock. I know your hard work and I know your commitment. That is what can make an organisation like the CFS accessible to more people, to help keep the wheels of the brigade running smoothly, no matter your individual ability.

Beyond firefighting, the CFS engages in community education, raising awareness about fire safety and prevention. Their dedication and bravery in facing unpredictable and dangerous situations makes them true heroes, earning the gratitude and admiration of the communities they serve. In essence, the Country Fire Service stands as a beacon of hope and protection, embodying the best qualities of the Australian spirit of mateship in the face of nature's challenges.

What my honourable colleague is calling for is a parliamentary inquiry that is comprehensive and transparent. I believe, through my own experiences with the River Murray flooding event, that this is necessary in addition to any internal reviews by the minister. The same minister who thought the response to the flooding event was flawless also did not originally believe there were any issues with the reg 21s and the process of suspending and gagging volunteers.

Like my honourable colleague, I too live in a regional area and I too have been a beneficiary of the CFS in times of need. I am on the ground in the community that my local volunteers come from. We play each other in the country footy league, we visit each other's businesses, and our children go to school together. I hear directly from CFS volunteers in my day-to-day life and that of my family. I support this motion because of what I hear directly from these volunteers.

I will be fair: there are many who are extremely happy volunteering with the CFS. It can be a wonderful organisation with excellent brigade leadership, well-supported units, and a strong group of youth cadets coming through the ranks. However, that is not a universal sentiment, and there are serious concerns that must be heard and addressed.

There are complaints, both registered and told anecdotally, about rundown or non-existent facilities. I have been told that even though there are some stations that are extremely well equipped and emergency-ready, there are others that are merely big sheds without indoor plumbed water—so no toilets and no showers.

If there is one thing this Malinauskas government detests it is transparency. This inquiry will bring to light answers to questions that the minister and his government have refused to answer to date. How many CFS volunteers and paid employees are currently suspended? How many are under gagging orders? Are funds to the CFS distributed to ensure all units have equity in facilities and equipment; if not, why not? These are just some of the avenues of inquiry that should be investigated.

I acknowledge the amendment put forward by the Hon. Tammy Franks and I am happy to support that amendment. The key thing with this motion is that the inquiry be independent and able to do the work without bias and influence. I reiterate that this inquiry is not about demonising a wonderful, volunteer-led organisation. It is giving air to issues that need addressing and that the responsible minister has to date ignored. It is about improving setting up the organisation to be the best it can, today and into the future.

Let us use this opportunity to allow the success stories to be the example for those who are struggling. Let the grassroots inform the leadership at a state level of what they need to do, what they do best, and to do it safely and with dignity. It is about making sure that our beloved CFS are always at their best. I am proud of my colleague for introducing this motion calling for an inquiry and I commend this motion to the chamber.

The Hon. T.A. FRANKS (16:45): I rise on behalf of the Greens to support this select committee motion, noting, as other speakers have done, that we will be moving an amendment to refer it to the appropriate standing committee. In doing so, I do note that I did a count yesterday of how many current select and standing committees we had yesterday, and we had one for every single member of this place if you included the standing and the select committees put together. We have just passed another select committee, so now we actually have one for every member of this place plus one. It is like musical chairs in reverse.

For those of us who are on committees and take them seriously, it can actually be quite a stretch not just for us but for the staffing, resourcing and appropriate running of those committees. While it is not yet on the Notice Paper, I do note that there is a bill coming before this place that takes on board the previous recommendations of the select committee on committees, which looks at streamlining and giving a portfolio basis to committees to ensure ongoing expert research and resourcing and the ability of members to have more flexibility and be better supported to look at these important matters.

Volunteer firefighters put their lives and their health on the line each time they go out to protect their communities and other people's communities right across our state and right across our nation. Just over the SA border, 60 per cent of a 1,400 square kilometre cattle station has been burnt by bushfires from late 2023. That station, which has been owned by the same family for more than a century, is now blackened. To quote the manager of the station, Ben Hayes:

There's not a lot left there now… trees are just skeletons on the ground.

This comes also as the Northern Territory reports 33 million hectares of land has been burnt this bushfire season alone. That is five times the state of Tasmania and far surpasses the area burnt in the devastating Black Summer bushfires of 2019-20. Tragically, these bushfires are killing people, destroying property and ravaging our fragile ecosystems rich in natural and cultural values.

The government does have to get serious about building a disaster response capability in this state and a very large part of that is our volunteers. I want to be clear that the Greens have absolute faith in our volunteer firefighters, and we thank them for risking their lives to help keep us safe.

We do of course need to ensure that the level of resources these highly skilled people are being provided with is of the highest quality possible and that the support they need to do their jobs under threat of increased fires and floods and driven by a changing climate is paramount. As the climate crisis continues to fuel these disasters, South Australia must ensure that we do have an emergency response capability to respond to what is becoming our new reality.

I indicate to the chamber that the Greens have received feedback from the CFS Volunteers Association concerning the terms of reference with some trepidation and it was disappointing that the CFS Volunteers Association was not adequately consulted prior to this motion coming before this place. The association and its members do not wish for this inquiry to be a platform for self-promotion, political pointscoring or witch-hunts, and I am comforted by the words of the Hon. Nicola Centofanti where she has just given a commitment that that will not be the case. Certainly, neither do the Greens.

It is not our place to put unnecessary mental stress on these volunteers. It is our place to ensure that they are well resourced and supported while protecting our state. That is why the Greens put on the agenda last year the facilities paucity issue and will continue to work for better supports, respect and resources for our volunteers in emergency services.

As such, the Greens will also move today to have this motion referred to the appropriate standing committee to deal with these matters—the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation—for inquiry and report. With that, I move that the motion be amended as follows:

Paragraph 1.

Leave out the words 'That a select committee of the Legislative Council be established to inquire into' and insert the words 'That the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation inquire into and report on'

Leave out paragraph 2.

Members who have been here for some time would know that I have long worked with CFS volunteers, in particular on the cancer consultation presumptive approach to ensuring that our volunteer firefighters were afforded the same workers compensation and respect that career firefighters were able to access, and indeed putting that issue itself on the agenda for all firefighters in this state.

In that spirit, the conversations and the correspondence that I have received quite rightly pointed out that the role of volunteer firefighters in this state is already recognised under our various pieces of legislation as employment rights because while they may not be paid it does not mean that these volunteer firefighters are not expert. While they may not be career firefighters, or they may well be, certainly their skills, expertise, training, health and safety deserve and demand and are already delegated the same rights as those of employees.

So when you are looking at issues of grievances, when you are looking at issues of resourcing of facilities and of safety, the occupational safety, rehabilitation and compensation standing committee of the parliament is a very appropriate place for this committee's work to be undertaken.

The Hon. I.K. HUNTER (16:51): I rise to make some comparatively brief observations about the motion before us. They will be very brief because, as the Hon. Tammy Franks was continuing on with her speech, I could see pages of mine dropping away. I will speak very briefly on the points that she has already covered.

Firstly, however, I want to go to some general issues of the government's approach to our fantastic frontline emergency service volunteers and how we are supporting them, and then to raise a couple of concerns I have about another select committee, which Tammy has already covered. I might offer some suggestions to the committee in terms of how they might proceed.

On volunteer conduct investigations, which were mentioned in the terms of reference, the government has been acting on this for some time, as the committee will find out. In August last year, I am advised, the emergency services minister, Joe Szakacs, already announced an examination to streamline investigations to preserve fairness and expedite time lines for those involved. I am also advised that Mr Szakacs routinely meets with brigades to hear directly from them their feedback, unfiltered by organisations or superiors, about how circumstances can be improved for those brigades on the ground.

Since the announcement of an examination in August 2023, the Office of the Commissioner for Public Sector Employment has engaged with emergency service agencies about how to improve processes for volunteers. This has included, I am advised, the provision of expert independent advice and preliminary review of past practices that will better inform case management within emergency services. The government will consider whether a legislative change or update of regulations is required as part of that examination, and I am sure they will look forward to the report of the committee on this matter. This is already expediting an investigation, as I understand, and has more than halved the number that is currently under management by the CFS, I am advised.

In terms of facilities, the CFS has quite a diverse portfolio of assets, as also mentioned by the Hon. Tammy Franks, that are located throughout outer metropolitan, regional and remote areas of South Australia. This includes over 400 brigade stations, six regional headquarters and the State Training Centre at Brukunga. Many of the stations now operated by the CFS were first built by councils before transferring to state government ownership through the 1990s and were in considerably poor condition at that time. The state government recognises the need for appropriate facilities and equipment for those who volunteer and give of their own time to protect the lives and property of our community.

The CFS has programs, both capital and facility renewal, that provide an ability to effectively plan and invest in CFS facilities into the short-term future. The CFS is forecast, I am advised, to invest $12 million in these measures over the next four years. The CFS has a risk approach to the planning of those programs, safety being the number one consideration. The CFS is committed to providing a safe and fit-for-purpose environment for all members and aligns its decision-making to legislative requirements, industry standards and service needs, as you would expect.

I am also advised that design and construction of new stations is undertaken in consultation with the brigades. The government is working in consultation with the CFS and the CFS Volunteers Association to ensure all efforts are made to strategically consider building capital works right across the state. The government is also considering further measures to enhance this program into the future in response to volunteer needs and feedback.

Further, the government has agreed to a review by this parliament. In November, I am advised, following advocacy from the Hon. Tammy Franks—she is relentless—the Attorney-General proposed that the CFS undertake to provide to the Economic and Finance Committee an audit and assessment of their current resources and facilities. In that setting, committee members also have the opportunity to directly question the Chief Officer of the Country Fire Service.

In last year's state budget, the government invested heavily in the CFS and the emergency services sector, significantly enhancing the state's aerial capability to combat the risk of bushfires. A record $26.7 million has been invested in the Country Fire Service's aerial firefighting capacity, resulting in five new aircraft being added to the service's aerial firefighting fleet this season, which will now total 31 assets. This investment has already significantly enhanced South Australia's responses during bushfires and has supported on-ground firefighters.

Automatic vehicle location is a crucial safety tool that has been rolled out across CFS, SES and MFS vehicles. It provides real-time asset tracking, ensuring emergency services assets can be accounted for while responding to bushfires and other emergency incidents. AVL provides improvements to response and coordination of resources for bushfires, structural fires and emergencies. In the event of a life-threatening hazard exposure—for example, a burnover—or crew injuries, the AVL capability will also provide for faster response to the exact vehicle location at the last known location of the vehicle if the device is damaged or destroyed. It is another practical way to show how we support our volunteers by investing in higher quality equipment for their safety.

I can also advise the chamber that the government has to spend significant time to turn this program around and deliver installation in all vehicles after inheriting it from the Liberals in their previous incarnation in government. The lack of attention at the time, shown by that government, was symbolic of their approach to volunteers.

This brings me to the question of setting up another select committee. For some time now, I have been concerned about the processes in this place of setting up yet another select committee every time an honourable member has a bright idea and might want to go out and get a bit of media coverage. We have standing committees in this place for a particular reason, namely, to deal with the issues that are important to our community from time to time. I have been concerned, in recent times, that they are being underutilised in favour of setting up a select committee that is supposed to be sort of like a burner phone: you set it up, make a press release, make a few comments and then you just ignore it and forget about it.

I do not think this is the way that we should be consulting the community. We should be using our existing standing committees more than we currently do, and I think the amendment the Hon. Tammy Franks has moved is a very sensible one. We have that standing committee that some might argue is underutilised in terms of the expertise and experience of its members, and I think this is a very appropriate way of dealing with this motion in particular.

I also would like to suggest to the committee, when they come to consider this referral—should it pass, and I expect it probably will—that they put to their minds the timing of their consideration. We are still in a significant period of bushfire danger, and putting an inquiry like this together requires significant resources for the organisations involved—their members and their volunteer organisations.

I would suggest that you probably consider delaying it by a number of weeks, if not a month or two, until we get past this peak bushfire danger season, and allow those people who put their time and their lives, and their families' lives and time, on the line so that they can go off and protect members of the community. Give them time to actually do that work, and then adjust to what the committee is setting out in terms of the references and the call for expressions of interest for evidence and position papers. I think that would be a sensible consideration for the committee to look at. Timing is quite crucial.

Another concern I have is about why we would be putting forward a select committee process right now in the middle of bushfire season when you will be distracting those members who want to be out protecting their community. It is just the wrong time to do it. Give it a few weeks, let things settle down and give people time to think about what they want to say to the committee. With those remarks, I support the amendment moved by the Hon. Tammy Franks and look forward to its passage.

The Hon. B.R. HOOD (17:00): I thank the Hon. Frank Pangallo, the Hon. Nicola Centofanti, the Hon. Tammy Franks and the Hon. Ian Hunter for their contributions to this motion. I would also like to say that I support the amendments from the Hon. Tammy Franks and thank her for her long advocacy for the CFS.

When this came to this house last year, I did listen to the concerns of my parliamentary colleagues regarding forming such a committee over the summer bushfire period and the impact it may have on CFS volunteers over that busy time. I took on board those concerns to ensure that it would not cause any distractions, but I still believe that this is an important motion and a critical one to investigate the issues and concerns of the brave individuals in the ranks of our Country Fire Service.

I heard from many volunteers, as well as CFS staff members, that they are terrified of speaking up for fear of being silenced or expelled. This essentially goes to the crux of the issues. The volunteers do not feel that they have agency to speak about the issues they see on the ground, and that any review conducted within the bounds of the organisation or by the instruction of the minister will yield more of the same.

A referral of this issue to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation will allow all stakeholders, all volunteers, the CFS Volunteer Association and the CFS command themselves to engage and ventilate the structures and processes, not just across disciplinary matters but also capital programs, equipment and training.

An inquiry such as this has now been called on by hundreds of current volunteers, former volunteers and staff of our Country Fire Service, all of whom signed a petition organised by Selina Laing. My sincere thanks and appreciation go to Selina for her tireless advocacy on behalf of CFS volunteers and staff, and for shining a light on this issue through the petition and the Fair Go for Firies campaign.

In her fight for justice on behalf of those who have faced disciplinary regulations, referred to as reg 21s, she has identified, as I am advised, 101 CFS volunteers and four CFS staff members who have spoken out about the disciplinary process and shared their personal experiences of being the subject of investigations, suspensions and terminations, and that is just over the last six months.

These 101 volunteers and four staff members shared their stories because they believe they have suffered injustices and have been the subject of unprofessional investigation processes and were denied their basic rights, not only as Australians but as members of South Australia's largest volunteer emergency service organisation. The most frequent themes that arose were denials of procedural fairness and lack of communication and transparency. I have also heard about the significant impacts of reg 21 investigations on the mental health of volunteers and their family and friends.

In reading the South Australian Country Fire Service Volunteer Charter, it is worth highlighting that, after ensuring the safety of the community remains a priority for all, the next most prominent intention of the charter is to ensure that consultation occurs with volunteers about all matters that affect them. This is not only listed at the key intent of the charter but also is specifically applied to the relationships between the government of South Australia, the South Australian Fire and Emergency Services Commission and the SACFS organisation. It is clear it is a requirement to consult with the volunteers and that it is not being adhered to.

I would reflect on some of the comments made with regard to yet another select committee for this place, and I am glad for the amendment that has come from the Greens and the Hon. Tammy Franks, because I do believe we have a significant load in terms of our committees. Referring this matter to the committee named in the amendment of the honourable member I think is a smart move, a sensible move, and I certainly support it.

What we do not want to see is letting this issue languish for too long. We do not want to see the issue we have seen in Victoria over the last two years, with some 2,000 CFA volunteers leaving the service. I have heard from volunteers around this state, most especially in my patch down on the Limestone Coast, that CFS volunteers are at the end of their tether, that they will just grab their fire units on the back of their ute, they will do what they need to do to protect their properties and that will essentially be it.

The CFS is about community, it is about keeping communities together and we want to ensure that through this referral to this committee that the terms of reference contained in this motion are followed and that the investigations hear from all of those who have something to say.

I echo the words of the Hon. Nicola Centofanti that this is not a witch-hunt. This is about doing what is right. This is about inquiring into what is happening with our volunteers to ensure that they are heard, and it is my hope that in shining a light on this people see that good things are being done, that the CFS is something that people can join and serve, and we can increase the number of our volunteers around the state.

We know that not only the CFS but all volunteer associations are losing members, and that is something that most definitely needs to be addressed. It is my true hope that this referral to this committee enables a genuine, proper and thorough inquiry into the issues CFS volunteers have raised with the opposition and the crossbench and aired extensively through the media in recent months. Of course, that includes the Country Fire Service Volunteer Association and the CFS command themselves to be involved with what will be referred to this committee.

This is why we need the select committee—to enable open dialogue, to ensure transparency in how we deal with CFS volunteers and employees, to ensure our volunteers are being supported appropriately, to ensure that they have adequate facilities at our CFS stations, to ensure that when they risk their lives for businesses, for families, for communities they are supported in doing the amazing work they do. This is purely about the volunteers.

I am glad this will be referred to the committee through the amendment from the Hon. Tammy Franks. With that, I commend the motion to the chamber.

Amendment carried; motion as amended carried.

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