Ursula Stephens (NSW, Australian Labor Party, Parliamentary Secretary for Social Inclusion and the Voluntary Sector) Share this | Hansard source

I thank Senator Brandis for his comments and support and for helping ensure the bill’s passage through parliament before the next bushfire season, which is what we are all about. The Foreign States Immunities Amendment Bill 2009 would amend the Foreign States Immunities Act 1985 to enable regulations to be made conferring immunity from tort proceedings on a foreign state that assists Australia in preparing for, preventing or managing emergencies or disasters. This is necessary to permit the states and territories to finalise a new agreement with the United States for the exchange of vital fire suppression resources. Due to their domestic legal requirements, the United States cannot finalise this agreement unless immunity is provided for its firefighters under Australian law. Without the new agreement in place, the United States may not be able to assist Australia in the upcoming bushfire season, potentially leaving state and territory fire services dangerously exposed. This regulation-making power is subject to important limitations. Firstly, immunity can only apply to actions of foreign personnel in the course of providing emergency management assistance to the Australian government or a state or territory government; secondly, no immunity can be granted for criminal proceedings or for actions of foreign personnel outside of their duties; and, finally, the bill does not affect the liability of the Australian government, state or territory governments, agencies or officers. Any regulation made under the new power will be subject to disallowance by parliament.

The bushfire exchange program with the United States is an integral part of Australia’s fire management and response capability and this bill is a critical step towards ensuring that this important program can be maintained and strengthened in the future. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.