21 September 2005

DEBATES OF THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY SIXTH ASSEMBLY WEEKLY HANSARD 21 SEPTEMBER 2005 Wednesday, 21 September 2005 Limitation Amendment Bill 2005 ................................................................................3425 Civic Development Authority Bill 2005 ......................................................................3428 Legislation Amendment Bill 2005 ...............................................................................3431 Proposed motion on industrial relations laws...............................................................3434 Industrial relations ........................................................................................................3435 Questions without notice: Canberra Hospital—psychiatric unit ........................................................................3457 Disaster planning ......................................................................................................3458 Tree protection legislation........................................................................................3458 Vocational education and training............................................................................3461 Planning—delays......................................................................................................3462 Housing affordability................................................................................................3465 Sustainable transport plan.........................................................................................3466 Bushfires—rebuilding ..............................................................................................3468 ACT Health—salary packaging................................................................................3471 Magistrates Court—liaison staff...............................................................................3471 Water—Cotter catchment.........................................................................................3472 Supplementary answers to questions without notice: Disaster planning ......................................................................................................3474 Answers to questions on notice: Question No 486.......................................................................................................3475 Auditor-General’s report No 4 of 2005 ........................................................................3475 Local retail and community services............................................................................3476 Skills shortages and business........................................................................................3492 Personal explanations ...................................................................................................3512 Adjournment: Muslim headscarves .................................................................................................3513 Education..................................................................................................................3513 Education..................................................................................................................3514 Mr Scott Parkin.........................................................................................................3515 Canberra and region—growth ..................................................................................3516 Immigration ..............................................................................................................3516 Junior rugby league finals ........................................................................................3517 Western Districts Rugby Club..................................................................................3518 Vietnamese full moon festival..................................................................................3520 Legislative Assembly for the ACT Wednesday, 21 September 2005 MR SPEAKER (Mr Berry) took the chair at 10.30 am and asked members to stand in silence and pray or reflect on their responsibilities to the people of the Australian Capital Territory. Limitation Amendment Bill 2005 Mr Stefaniak, pursuant to notice, presented the bill and its explanatory statement. Title read by Clerk. MR STEFANIAK (Ginninderra) (10.31): I move: That this bill be agreed to in principle. Mr Speaker, contrary to what many in the community would like to believe, the terrible fire which came from New South Wales and crossed into the ACT in January 2003, engulfing suburban Canberra without warning, remains a live issue. It needs to be repeated again and again that this terrible fire affected, and continues to affect, many hundreds of people. The firefighters say that they cannot understand why 400 people, not four, died in the fire, such was the speed and intensity of the fire when it finally reached Weston Creek. It affects the people who were injured that day. Over 200 people were treated for various injuries suffered from the fire. Those who were badly burned continue to bear a daily burden of pain and disability. Some were horribly disfigured. It affects the almost 500 households whose homes were burnt to the ground that day: 491 homes were burnt to the ground. The first houses were burning in Eucumbene Drive before a state of emergency was declared. One Duffy man described how he looked out his window and saw nothing untoward, but on walking out the front door he saw embers falling into his garden from the sky. As the residents of Canberra went about their business that Saturday, with the usual exodus to the coast for the weekend and others going shopping, looking at property or just relaxing at home, no-one had any idea of what was about to happen. In that case, the Duffy resident was at home without any car transport, as his son had borrowed his car to look at a house he was interested in. This fellow was lucky because he was able to escape in a neighbour’s car. Three elderly people and one mother of three were not so lucky. The people who escaped the flames that devoured their properties mostly did not have time to save a thing. The fire came upon the Weston animal hospital so rapidly that by the time staff became aware of it they had to vacate it without being able to release a single animal from its cage. Not only was it traumatic for people to have to escape to save their lives, but also some were left with considerable financial losses because the costs of rebuilding escalated to $1,800 a square metre when standard insurance for the period only covered them for $1,000 a square metre. That left almost everyone underinsured. Those who were 3425 21 September 2005 Legislative Assembly for the ACT supposedly overinsured found insurers were still unwilling to pay out. People lost every family photograph they possessed, which meant for many that they ended up without pictures of deceased relatives or of children when they were young. Here we are over 2½ years after the bushfires and the problems for the bushfire victims are ongoing. Mr Corbell: This is a stunt. MR STEFANIAK: It is not a stunt. Only 43 per cent have rebuilt. The bushfire victim advocacy groups say that this is because of a number of factors and that they have not received a huge amount of assistance. The result is that people have found themselves set adrift from old contacts and associations and the effect for many has been very traumatic. Ric Hingee, a bushfire victims’ advocate, says that there is anecdotal evidence of psychological problems resulting from their moving to areas where they had no ties or support amongst people who had not been affected by the fires. Despite the sentiments of many who were not affected by the fires that it is time to move on, my point is that the people who had personal and financial losses are still suffering. Their suffering has been compounded by the fact that the coronial inquest into the fires is still not concluded. The fact that this coronial process has been so long drawn out has made the victims of the Canberra bushfires angry that they are still waiting for answers. That has added to the suffering they have endured. But it has also had a practical and potentially ill effect. Whilst up to 100 people are expected eventually to take action against the government and other parties, not all have yet made a decision to sue. Those people who have suffered losses from the fire have been waiting to see the findings of the coronial inquiry. Keith Baker, for example, told WIN news on 9 September this year, “The findings in the coronial report are going to be very important to the decision that we actually make.” Another fire victim, Luciano Quadraccia, also told the WIN journalist, “I was hoping that I’d get information out of the coronial inquest, that I could settle down, read through it carefully and see if there is a case to answer.” Mr Quadraccia said, very reasonably, “I don’t know who’s to blame for any of this. Maybe there is nobody to blame, in which case, let’s see what the coroner says.” The problem that has arisen is that the coronial process may well not be completed by the time the statute of limitation for personal injury runs out. That, effectively, will occur on 1 July next year. The purpose of this bill today is to protect the rights of bushfire victims by ensuring that bushfire victims who have suffered personal injury are given extra time to consider legal action after that coronial process is finalised. At present, the statute

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