Northern Territory Second Reading Speeches

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CRIMINAL CODE AMENDMENT BILL (NO. 2) 2004

Bill presented and read a first time.

Dr TOYNE (Justice and Attorney-General): Mr Acting Deputy Speaker, I move that the bill be now read a second time.

The purpose of this bill is to make it an offence, with an appropriately high penalty, to assault, obstruct or hinder a person who is providing assistance to a third party. It has been long recognised in all states that police officers must be free to perform their duties without being obstructed or hindered and, certainly, without being subjected to assaults. Our community recognises the excellent and often challenging work done by the police force, and our legislation reflects this by providing severe penalties for those who commit assaults on, or obstruct the work of, the police.

It is somewhat anomalous that the same protection is not afforded to others in our community who perform important tasks to save, protect, care for, or go to the help of others, frequently in an emergency setting. It is, of course, already an offence to assault another person, but this amendment is much broader in its application. It does not limit itself to providing legislative protection to certain groups of people at the expense of excluding other groups.

This bill provides that it is an offence if a person assaults, obstructs, or hinders another person who is providing rescue, resuscitation, medical treatment, first aid or succour of any kind to a third person. One group of workers who clearly fall into this category are ambulance officers. Ambulance officers provide an excellent service for Territorians, in often very difficult and emotionally-charged circumstances. It is hard to imagine why anyone would deliberately obstruct or hinder an ambulance officer who is going to provide help to an injured or sick person. However, sadly, it does happen and such incidents are now not uncommon.

It was only a few months ago, in Darwin, that two ambulance officers went to the assistance of a sick person who needed care and attention, and the ambulance officers were themselves set upon by hooligans, forcing the ambulance officers to flee, as they feared for their own safety. Consequently, they had to leave the injured person without help, and thus placed that person's physical health and wellbeing in jeopardy. Such behaviour is totally unacceptable to most members of our law-abiding community, and this bill provides appropriate penalties for such cowardly and abhorrent behaviour.

The bill provides that if a person assaults, obstructs, or hinders another person who is providing assistance to another, the person is liable to a term of imprisonment for five years. If the person receiving assistance consequently suffers harm, or their life is endangered by the action, the penalty is increased from five years to seven years. The bill also protects a person who is taking action to prevent injury to a third person who is in immediate risk of being injured. An example would be where a member of the community is assaulted while trying to protect a third person from injury, such as holding back a distraught bystander on the scene of an accident.

The bill extends protection also to firefighters who may be assaulted while attempting to put out a fire. The members and volunteers of the NT Emergency Services, and the volunteers and auxiliaries of the NT Fire and Rescue Service, do an extremely demanding and dangerous job, and it is appropriate that there are severe penalties for persons who assault or hinder firefighters who are engaged in putting out fires to save the property and, possibly, lives of others.

It is sad that we need such legislation in today's society. I am aware that the member for Macdonnell recently introduced two bills which provided increased penalties for persons who assaulted emergency workers. Whilst I commend the honourable member for trying to protect emergency workers, I believe that the amendment should not have been limited to just emergency workers. It is important to provide the same protection for everyone, whether they be ambulance officers, a firefighter, or a member of the community who goes to the aid of a person in need - they are all good Samaritans and deserve the same level of protection. This bill is really about providing a protective hand to those Territorians who give a helping hand.

Mr Acting Deputy Speaker, I commend the bill to honourable members in this semi-darkness in which I stand.

Debate adjourned.

 

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