Ivan Dean, Speeches Index

Thursday 2 October 2008

CIVIL LIABILITY AMENDMENT BILL

Mr DEAN ( Windermere ) - Madam President, I wanted to make a couple of comments on the bill. It is a terrible shame, isn't it, to see good food thrown out simply because it is getting close to the use-by date, and other circumstances arise, when you know that there are charities or people in need that could use that food. This bill will get over that problem and will allow that to occur in certain circumstances and provides that the charities or organisations getting the food cannot then sell it off again, which is very good. It has to go to a real cause and it is provided free to anybody who is using that product.

It has always been a problem for businesses discarding food that can no longer be sold through that premises. There is a good example in Launceston of where, in fact, they were dealing with, over a long period of time, a serial scavenger. Some people were probably well and truly aware of the case where a lady, who had some helpers as well, was going around the bins at night and cleaning up the bins. They set up shop at their home where they were storing great quantities of this food and then were selling it off.

Ms Forrest - Did you shop there?

Mr DEAN - No, I did not shop there. The police caught up with the person; it did not stop her immediately, it went on for some time. It was a real issue. But, obviously, with this bill coming into place, it should stop most of those problems arising and give some protection to these people and allow them to get rid of their food much more easily.

People providing assistance at accident scenes was always a concern for police because people in certain circumstances are protected when police require them to do something. In particular, in the case of an arrest, a police officer can require anybody, any member of the public, to assist them and give them support they have to comply and provide that assistance. They have no choice. If they fail to provide that assistance they have committed an offence. To me, that is good law, but it was always a problem as to whether or not police could call on somebody to provide medical assistance to somebody at an accident scene. People are very good at accident scenes. They will do everything possible to help somebody. You would see them jumping in and doing things and, at times, police would need to say to them, 'Come on, hold back a bit; are you doing the right thing; is that going to help?' You get them dragging people out, moving them around without consideration to back problems and all of that.

It has been a real issue for police as to just how you control that situation. There have been times when members of the public have said they are too frightened to become involved because if something goes wrong or they are accused of doing something that has added to the injury of a person they might be sued. People have that attitude, there is always somebody waiting to sue somebody and it has created a dilemma for them. Do they jump in and provide that assistance and, in some cases, save the life of a person, or do they stand back because of the fear of something going wrong and being sued civilly or what have you?

I think this is a good bill and it is structured, as I understand it, on other bills currently in operation in this country and therefore it ought to be right. I commend the Government for bringing this matter forward at this time.

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