George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Hansard source

The Foreign States Immunities Amendment Bill 2009 will amend the principal act, the Foreign States Immunities Act, to provide for immunity for foreign states and their emergency management personnel in tort proceedings for acts or omissions that occur in the course of the foreign state providing emergency management assistance to Australia. The amendments will principally apply in practice to the United States firefighters deployed in Victoria under a cooperative exchange program. Negotiations are currently underway to finalise a new agreement to continue the existing program. It is intended that this new agreement will apply Australia wide, to allow states and territories to benefit from United States resources. However, the United States will require reciprocal immunity from tort proceedings in order for the agreement to proceed.

The bill amends the principal act to provide regulations for immunity from tort proceedings for a foreign state which assists an Australian government in preparing for, preventing or managing emergencies or disasters. The immunity would only apply to the acts and omissions of the foreign personnel in the course of providing that assistance. It will not apply to criminal proceedings.

Australians have benefited enormously in recent years from the expertise and resources of United States firefighters and, of course, from their generosity. Their contribution in times of sometimes dire emergency has been very much appreciated by all Australians. This arrangement assists both countries not only in the tasks one can perform for the other but for the experience which can be put to use in the firefighters’ home countries. It is therefore very much in our interest to ensure that this arrangement continues. This legislation will facilitate the formalisation of that arrangement. While it is not common here for firefighters to be sued for negligence committed in the course of their duties, such claims do arise from time to time. They may arise more often as our society becomes more litigious. It is clearly not in our interest that any deterrent exist to having access to foreign assistance, expertise and resources in times of emergency.

This is sensible legislation which seeks to secure a very important arrangement and which has the coalition’s support.