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Speech: Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill 2024

15 October 2024

The Hon. R.A. SIMMS (15:48): I rise to speak in favour of the Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill 2024 on behalf of the Greens. The Greens supported the automated external defibrillators public access bill twice: firstly in 2020 when the Hon. Frank Pangallo first introduced a private member's bill, which was opposed by the former Marshall government, and again when this bill came into law in 2022 with the support of the Malinauskas Labor government.

Again, we support this bill. We consider that it will aid in the implementation and rollout of defibrillators across the state in line with the intent of the original bill that was brought forward by the Hon. Frank Pangallo. I do want to acknowledge the work of the Hon. Frank Pangallo in this regard. The honourable member has been a long-term advocate in this space and I think really led the way on this. It is an exciting thing to see South Australia become the first state in the country to actually take action on this, so I commend the Hon. Mr Frank Pangallo for his leadership and of course I acknowledge the work of the minister, the Hon. Chris Picton, as well.

We know that defibrillators save lives when they are accessible. They are simple, they are easy to use and they are highly effective. The implementation of defibrillators in public access spaces is the result of advocacy from the Heart Foundation and the Ambulance Employees Association and a range of others as well. Indeed, I remember having a look at this debate years ago when I was on the Adelaide City Council when my then colleague Councillor Philip Martin moved for the city council to install some defibrillators, and I know that that has been a success at a council level.

The changes in this bill are sensible to ensure that these devices are publicly accessible without creating unnecessary burdens. They draw a distinction between the owner and the tenant of the building and this ensures that there will be greater clarity around the responsibility for maintaining these devices. There are also changes being made to the floor area definitions that will make it easier for organisations to provide access to defibrillators.

The bill also removes the annual testing requirement. I think that is an important change because we understand that annual testing has been found to diminish the life cycle of the product, which obviously was not what was intended. I note that the opposition have indicated that they will be moving amendments to this bill in response to the concerns that have been raised by the local government sector. I had the opportunity to meet with the Local Government Association yesterday to discuss their request for a new statutory immunity to protect councils from civil lawsuits that may arise where a defibrillator might have been stolen or vandalised and then a person has a heart attack and sues for damages.

In my second reading speech in relation to the Hon. Frank Pangallo's bill back in 2022, I highlighted the problem potentially being faced by councils with respect to batteries being stolen from these devices, particularly in rural areas. While I understand the intent of the opposition's amendments, and I do respect the advocacy work of the local government sector, I am concerned that these amendments could be seen as a watering down of the honourable member's bill and could potentially move us away from building owners taking responsibility for defibrillators, which I understand could rob the bill of its veracity, and that is of concern for me.

I also note that carve-outs are not being given to smaller organisations, such as sporting clubs or not-for-profit organisations, that will also have responsibility for the installation and maintenance of these devices. I also understand from some advice that has been provided to my office from the government that some of the legal concerns that have been flagged are potentially already addressed. I think the government will no doubt talk to that when they reflect on the opposition's amendments. I will listen closely to the debate but at this stage it is not the Greens' intention to support the Liberal amendments.