18411 LEGISLATIVE ASSEMBLY Wednesday 21 October 2009 __________ The Speaker (The Hon. George Richard Torbay) took the chair at 10.00 a.m. The Speaker read the Prayer and acknowledgement of country. BUSINESS OF THE HOUSE Notices of Motions General Business Notices of Motions (General Notices) given. RURAL FIRES AMENDMENT BILL 2009 Agreement in Principle Debate resumed from 24 September 2009. Mr PAUL McLEAY (Heathcote) [10.03 a.m.]: There are few crimes as mindless, callous and irresponsible as arson. According to a report by the Australian Institute of Criminology, 20,000 to 30,000 vegetation fires across the nation are deliberately lit each year. This is outrageous and unacceptable. The Rees Government has introduced the Rural Fires Amendment Bill 2009 to give our bushfire investigators the powers they need to adequately investigate all cases of bushfire. When one considers the tragic loss of life in the Victorian bushfires, the grief and despair of the families of those who perished, the thousands of people left homeless, the property, environment and wildlife destroyed, one understands why the Government remains determined to tackle bushfire arson as a priority. In the fight against bushfire arson, bringing those who commit this dangerous and mindless crime to justice is another important weapon at our disposal. In order to gather the necessary evidence it is therefore essential that our fire investigators be given sufficient power and resources to carry out this task. For that reason, the amendments before the House provide new investigative powers to assist the Rural Fire Service [RFS] in identifying the cause and origin of fires without hindrance and with appropriate legal authority. The New South Wales community abhors the crime of arson and we believe that penalties for arson offences should be significant in order to function as an effective deterrent to such behaviour. Earlier this year, at the request of the Premier, the Attorney General reviewed New South Wales laws relating to arson. We wanted to make sure that the punishment for those who deliberately light bushfires is tough enough and reflects the seriousness of the crime. As recommended by that review, these amendments double the on-the-spot fines for minor bushfire offences, such as lighting a fire during a total fire ban, or failing to extinguish a fire. This Government and our fire services remain resolute in our commitment to protecting life and property from the threat of bushfire, and especially those that are deliberately lit. We have a proud history of legislative reforms, unprecedented funding and practical measures to back this up. As I say, the Government and the Rural Fire Service have absolutely no tolerance for the appalling crime of arson. The Rural Fire Service currently has 131 specially trained wildfire investigators who work closely with the Police Force to investigate suspicious fires and ensure that offenders are brought before the courts. Another 16 trainees are undertaking their wildfire investigation training this very week. As well as this, Rural Fire Service senior officers are trained in site preservation and arson-related behaviour to help with the identification and prosecution of those responsible. These amendments will provide the commissioner and his authorised investigators with the power to enter certain lands to investigate the cause or origin of a fire. This power may be exercised up to 24 hours after the fire has been extinguished. Bushfire arson has the potential to destroy families' homes, belongings and livelihoods, endanger lives and damage huge areas of our natural environment. For this reason, the penalties are severe. Anyone found guilty of intentionally causing a fire or who is reckless in spreading a fire can face a jail term of up to 14 years. 18412 LEGISLATIVE ASSEMBLY 21 October 2009 A person who maliciously destroys or damages other people's property by fire can face up to 10 years jail, or 25 years if the action is intended to be life threatening. These penalties are intended to be a major deterrent to this antisocial, reckless and potentially life-threatening behaviour. I understand that a recent example of the application of these penalties was the conviction of Murray James Toomey for 31 offences relating to deliberately lit bush fires on the Central Coast in October 2006. On 14 April 2009 he was sentenced to a total of eight years and two months, with a non-parole period of five years and two months. Highly trained Rural Fire Service fire investigators worked closely with the Police Force in the investigation of this individual, and their information led to his apprehension and subsequent conviction. I will also talk about things we can do to prevent fires. I recently attended the Rural Fire Service's Region East exercise at the Cataract Scout Park, near Appin, on the weekend of 18 to 20 September 2009. I did so as a volunteer firefighter with the Bundeena Bush Fire Brigade. Our crew, led by our captain, Ian Nightingale, spent a very worthwhile two nights and two days. For our new recruit, Maxine Hall, it was the first time she saw live fire and her strength as an individual showed in her coolness and comfort on the fire ground. Jen Edwards, our FireWise officer for our brigade, was also part of the crew. She did an excellent job, including on the Sunday. She was our officer in charge for the day. Our officer in charge for the event was Troy Dillon. Troy joined the Bundeena Bush Fire Brigade six or seven years ago as a cadet. He has been a very committed firefighter. We were very proud of him on the day. In fact, the sector leader of Strike Force Delta, which we are in, handed him over as the officer in charge for the sector on the Saturday afternoon. Troy did a magnificent job with maturity and skill, and his training came to the fore. I am pleased to say that our crew met the Premier, who was there on the day. Also present were the member for Wollondilly, who is a member of the Lakesland brigade; the Minister for Emergency Services, who is in the House this morning; and the New South Wales Rural Fire Service Commissioner, Shane Fitzsimmons. They witnessed the excellent activities that took place. Region East covers most of the greater Sydney area, the Hunter and the Illawarra, and it holds an exercise each year. Usually this involves competitive events based on firefighters' skill sets. This year, however, the exercise was unique in that it comprised a large hazard reduction burn plus four challenge events and one competitive event. The events were all based on brigade training skills sets. An incident management team managed the fire. The team consisted of Rural Fire Service members who required assessment or mentoring in these roles. An experienced and well-trained team of mentors and assessors coordinated the exercise. I particularly draw the attention of the House to Superintendent Terry Jackson, who did a magnificent job. There are a lot of well-intentioned volunteers at these events and it can be quite traumatic, but he kept his cool and kept the burn on track and contained. He did a splendid job. A main reason for including the hazard reduction as a component of the exercise was a risk management strategy to help protect the Scout Jamboree that will be held on that site in January 2010, at the height of the bushfire season. There were will be 12,500 Scouts and leaders camped on the site over a two-week period, with day attendance numbers rising to approximately 16,000 Scouts. We know what little boys can do in the bush in the middle of a drought. It was a good time to have a significant hazard reduction burn in the area. The Cataract Gorge exercise had 24 rural fire brigades from across Region East participating and involved about 280 RFS personnel, including helicopters on the site. I also bring to the attention of the House three of Bundeena brigade's firefighters, who I think just got back from Queensland this morning. They were near Bundaberg at a little place called Gin Gin. They went up there on Monday afternoon as part of a team of 10 from Sutherland district, which is part of Region East. They have been well trained. I offer my support and prayers and wish them well. They were the Deputy Captain, Dean Nightingale; Scott Burton, who is an excellent firefighter and a man who is very committed to the brigade and his work; and a good friend of mine, Brian Hartrick, who not only has a lot of skills but is an essential member of the brigade because of his driving capacity. Recently, Rural Fire Service brigades across New South Wales held their open days. The Bundeena open day went very well. Each year as part of the process of keeping their community safe brigades provide information to residents on how to be prepared. The message is simple: prepare, act, survive. I commend the amendments to the House. I take the opportunity to remind the community that information from members of the public is crucial in any investigation. Anyone with information about suspicious behaviour near bushfires is urged to call Crime Stoppers on 1800 333 000. I commend the bill to the House. Mr DARYL MAGUIRE (Wagga Wagga) [10.14 a.m.]: The Rural Fires Amendment Bill 2009 provides that certain fire hazard management functions of local authorities such as councils are to be exercised 21 October 2009 LEGISLATIVE ASSEMBLY 18413 instead by hazard management officers of the Rural Fire Service; enables the Commissioner of the Rural Fire Service to enter and inspect land, with or without the consent of the owner or occupier, to investigate the cause or origin of a fire; enables the commissioner to apply for a search warrant to enter and inspect land to investigate the cause or origin of a fire; enables an officer of a rural fire brigade to remove persons or things that are an interference from a fire or other emergency; and increases the penalty notice amounts to $1,100 under the principal Act, for certain fire-related offences, such as failing to comply with hazard reduction notices, lighting a fire during a total fire ban and leaving fires unattended.