CRIMINAL CODE AMENDMENT BILL 2004 Second Reading Speech

Northern Territory Second Reading Speeches

CRIMINAL CODE AMENDMENT BILL 2004

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Bill presented and read a first time.

Mr ELFERINK (Macdonnell): Mr Acting Deputy Speaker, I move the bill be now read a second time.

Today I introduce a bill that should be obvious in its intent, reasonable in its aims, and supported by all members in this place. This is a part one of a two-part package that will be expanded in my second-reading speech in relation to the Summary Offences Amendment Bill (Serial 214). The amendment is introduced with the intent of protecting emergency workers, with specific concentration on ambulance officers. During my deliberation regarding the shape of this bill, I was content in the first instance to cover ambulance officers only. Nevertheless, there is an obvious question why all emergency workers should not be covered by a bill such as this. This is the reason for the new definition in the bill of ‘emergency worker’. I quote:

An emergency worker means a person who works, whether paid or unpaid, for an emergency relief organisation, and includes an ambulance officer and volunteer member of the Fire and Rescue Service.

It is intended that the court should read that interpretation as being particularly broad. I invite the courts to maintain a broad interpretation methodology when dealing with that interpretation.

There are sections in the Criminal Code that protect public servants and police in the execution of their duties. I by no means suggest that these sections should be seen as redundant or obsolete by this bill. Rather, this bill is an attempt to cast a wider net than the Criminal Code does now. For example, an ambulance officer is neither a public servant nor a police officer. I ask honourable members if a volunteer fire fighter is a public servant. Perhaps they are. If there if is an ambiguity, then it should be removed. Therefore, I bring this bill as a genuine attempt to tie up some loose ends, and bring protection to those who do not yet have it.

I remind honourable members that an assault is an unlawful application of force, and an application of force is defined as, ‘striking, touching, moving, the application of heat like noise, electrical or other energy gas over a substance or thing, when it is applied to such a degree as to cause injury or personal discomfort’.

Considering this, is screaming into the ear of an ambulance officer working on a patient an assault? My word, it is, and it happens all the time. It is my submission to members here today that it should be more than just a common assault, but should be considered to be an aggravated assault. That is the intent of this bill. Why? To send a signal to the community that those who work to aid others in the community are held in esteem by this parliament, and to let those who would do something like that to an ambulance officer when they are working on a patient, know that they will go to jail for interfering with their work - and so it should be. We need to protect our emergency workers in the community. This will be one of the tools that the courts may look to for guidance when dealing with miscreants who would interfere with those who protect us.

Mr Acting Deputy Speaker, I commend the bill to honourable members and to government.

Debate adjourned.

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