Hon. Sally Talbot questions the Minister for Environment regarding the implementation of a recommendation to extend immunity to DEC staff for negligence in bushfire management, in light of the Boorabbin fire coroner's report, and seeks clarification on recourse for affected parties. The Minister's response indicates consideration of the recommendation to align DEC staff protections with those of FESA staff acting in good faith.

AnsweredQoN 1208Legislative Council
Asked
25 November 2009
Portfolio
Environment

QuestionView source ↗

BOORABBIN NATIONAL PARK FIRE — “REVIEW OF WESTERN AUSTRALIA’S BUSHFIRE PREPAREDNESS” REPORT
I refer the minister to the “Review of Western Australia’s Bushfire Preparedness” report, which was released in April this year, and specifically to the recommendation on page 25, which states in part — … DEC will recommend to the Minister for Environment to seek to extend immunity to the State for direct and/or vicarious liability arising from damage and negligence caused by the acts or omissions of DEC staff. (1) Given the coroner’s report about the conduct of Department of Environment and Conservation incident management staff in handling the Boorabbin fire, will this recommendation be implemented? (2) If so, what recourse will be available to those affected by any similar future events? Hon DONNA FARAGHER

AnswerView source ↗

I thank the member for some notice of this question. (1)-(2) With respect to that particular aspect, that is something that has been considered. It is something that is in line with those aspects that are currently applicable to, as I understand, those staff such as Fire and Emergency Services Authority staff who are acting in good faith. It is making sure that they have similar and consistent provisions that are already there for FESA staff.
(2) If so, what recourse will be available to those affected by any similar future events? Hon DONNA FARAGHER replied: I thank the member for some notice of this question. (1)-(2) With respect to that particular aspect, that is something that has been considered. It is something that is in line with those aspects that are currently applicable to, as I understand, those staff such as Fire and Emergency Services Authority staff who are acting in good faith. It is making sure that they have similar and consistent provisions that are already there for FESA staff.
Hon DONNA FARAGHER replied: I thank the member for some notice of this question. (1)-(2) With respect to that particular aspect, that is something that has been considered. It is something that is in line with those aspects that are currently applicable to, as I understand, those staff such as Fire and Emergency Services Authority staff who are acting in good faith. It is making sure that they have similar and consistent provisions that are already there for FESA staff.
I thank the member for some notice of this question. (1)-(2) With respect to that particular aspect, that is something that has been considered. It is something that is in line with those aspects that are currently applicable to, as I understand, those staff such as Fire and Emergency Services Authority staff who are acting in good faith. It is making sure that they have similar and consistent provisions that are already there for FESA staff.
(1)-(2) With respect to that particular aspect, that is something that has been considered. It is something that is in line with those aspects that are currently applicable to, as I understand, those staff such as Fire and Emergency Services Authority staff who are acting in good faith. It is making sure that they have similar and consistent provisions that are already there for FESA staff.

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