Senate debates Committees

Legal and Constitutional Affairs References Committee; Reference


Glenn Lazarus

Glenn Lazarus Queensland, Independent

1:48 pm

I ask that business of the Senator notice of motion No. 6 standing in my name, which refers a matter to a committee, be taken as a formal motion.

Gavin Marshall

Gavin Marshall Deputy-President

Is there any objection to this motion being taken as formal?

Ian Macdonald

Ian Macdonald Queensland, Liberal Party

I rise on a point of order. This motion refers to the Senate Legal and Constitutional Affairs References Committee the use of smoke alarms to prevent smoke and fire related deaths—

Gavin Marshall

Gavin Marshall Deputy-President

Senator, what is your point of order?

Ian Macdonald

Ian Macdonald Queensland, Liberal Party

I am saying to you that this motion has absolutely nothing—

Gavin Marshall

Gavin Marshall Deputy-President

It is not a point of order. Sit down, Senator Macdonald. Formality has not been refused. I now call on you to move your motion, Senator Lazarus.

Senator Ian Macdonald interjecting—

There is no point of order, Senator Macdonald. Resume your seat.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party

You did not even hear the point of order, Mr Deputy President.

Gavin Marshall

Gavin Marshall Deputy-President

There was no point of order. Resume your seat, Senator Macdonald.

Glenn Lazarus

Glenn Lazarus Queensland, Independent

1:49 pm

I move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 3 December 2015:

Use of smoke alarms to prevent smoke and fire related deaths, with particular reference to:

(a) the incidence of smoke and fire related injuries and deaths and associated damage to property;

(b) the immediate and long term effects of such injuries and deaths;

(c) how the use, type and installation set-ups of smoke alarms could affect such injuries and deaths;

(d) what smoke alarms are in use in owner-occupied and rented dwellings and the installation set-ups;

(e) how the provisions of the Australian Building Code relating to smoke alarm type, installation and use can be improved;

(f) whether there are any other legislative or regulatory measures which would minimise such injuries and deaths; and

(g) any related matter.

Question agreed to.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party

I raise a point of order, which I tried to raise before. This motion has nothing whatsoever to do with the Legal and Constitutional Affairs—

Gavin Marshall

Gavin Marshall Deputy-President

That is not a point of order.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party

It is. You have to rule it out because it is not relevant to the Legal and Constitutional Affairs—

Gavin Marshall

Gavin Marshall Deputy-President

I have ruled that it is not a point of order. Resume your seat.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party

I take issue with your ruling—

Gavin Marshall

Gavin Marshall Deputy-President

Take issue if you like. I have called the question.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party

I will give notice that your ruling be disagreed with. I will put it in writing as soon as I can.

Gavin Marshall

Gavin Marshall Deputy-President

In accordance with the standing orders, you do so in writing and you do it immediately and it will be a decision for the next day of business. Thank you, Senator Macdonald.

Mitch Fifield

Mitch Fifield Victoria, Liberal Party, Assistant Minister for Social Services

1:50 pm

by leave—Changes to the National Construction Code relating to smoke alarms were only completed in 2014. The Building Code of Australia, Volume 1, pertaining to class 2 to class 9, commercial buildings, and Volume 2, for class 1 and class 10 buildings, residential buildings, are being amended to require interconnected smoke alarms where more than one smoke alarm is required in class 1 dwellings, and in sole occupancy units of class 2, 3 and 4 parts of buildings. At the time that the Australian Fire and Emergency Services Authorities Council, said:

AFAC and member agencies have lobbied hard for these changes and we have successfully collaborated with the Australian Building Codes Board to achieve this outcome.

All of the other matters relating to the motion, as Senator Macdonald indicated, fall within the responsibilities of the states and territories.