House debates

Monday, 21 February 2011

Private Members’ Business

Gas Appliance Safety

Debate resumed, on motion by Dr Stone:

That this House:

(1)
mourns the tragic loss of young Chase and Tyler Robinson, who died at Mooroopna on 30 May 2010 in a recently rented home;
(2)
notes that Chase and Tyler Robinson were the victims of a faulty gas wall heater emitting carbon monoxide; and
(3)
calls upon the Australian government to work with the state and territory governments through the Council of Australian Governments to:
(a)
urgently introduce legislation that requires:
(i)
approved carbon monoxide detectors to be fitted in all homes that have gas appliances; and
(ii)
landlords to arrange for suitably qualified contractors to biannually inspect all gas appliances and associated fittings in rental properties; and
(b)
institute a national safety awareness campaign alerting all Australians to the dangers and symptoms of carbon monoxide poisoning and the need to regularly maintain gas appliances to ensure that they operate efficiently and safely.

11:00 am

Photo of Sharman StoneSharman Stone (Murray, Liberal Party) Share this | | Hansard source

As I speak to this motion I thank my electoral neighbour the member for Mallee for supporting me in this motion. He, too, is most concerned about this issue.

On Sunday 30 May 2010, two young boys—nine-year-old Chase Robinson and seven-year-old Tyler Robinson—were found dead in their sleep in a rented family home in Mooroopna in Victoria, a tragedy that shocked that community. Their mother, Vanessa, the only other occupant in the house, was also very unwell. This motion also has a silent partner in the form of Vanessa Robinson, who is determined that the death of her two young sons not be in vain. She wishes to see something done seriously about the problem of carbon monoxide poisoning in Australia.

Investigations into the boys’ deaths found that a faulty gas wall heater had been operating all night. The boys had died quietly from carbon monoxide poisoning. Because of the widespread ignorance surrounding carbon monoxide poisoning, the earliest media reports suggested that Vanessa was somehow involved in a terrible murder-suicide pact. A few days later, on 3 June, Vanessa’s parents, Sue and Les Rowney, issued a plea for understanding in a press release:

At a time when our family has just lost two amazing and well loved boys, rather than be allowed to grieve in private and maintain a watch over our daughter in the Intensive Care Unit whilst she remained in an induced coma following the effects of the carbon monoxide, we have had to endure seeing the news and photos of our beloved Chase and Tyler splashed across the front pages of national and local newspapers and TV media with headlines linking their mother to their deaths. Her name, her identity, have been released and published (including photos), her reputation as a person and loving mother has been publicly and erroneously called into question. She had been reported as having been arrested when the truth was that she was too unwell to be interviewed by detectives let alone be arrested.

This tragedy and its aftermath could have been avoided if the public were alive to the dangers of leaking gas; if police and emergency workers knew more about it—its symptoms and its consequences; and if gas appliances were regularly checked.

There are currently no laws mandating regular safety checks for gas appliances fitted in homes, nor are gas detectors mandated. In the last 10 years there have been at least five deaths in Victoria caused by carbon monoxide poisoning. In fact, we are not sure how many there have been in Victoria or other states; too often deaths that occur in the very young or the very old go without a diagnosis that it was, in fact, carbon monoxide poisoning.

Both natural gas and LPG can lead to carbon monoxide production where appliances are misused, incorrectly installed or poorly maintained. Very recently carbon monoxide killed a 23-year-old man when fumes built up from a generator he was using under a house while sheltering from Cyclone Yasi near Ingham. Just a day or so ago a tragedy was averted at Nathalia’s Bridge Hotel. On Saturday morning carbon dioxide was released when a post mix machine, which mixes soft drink, leaked into the hotel cellar. Fortunately, a call for assistance was made and the fire authority attended the scene, and so disaster was averted.

The symptoms of carbon monoxide poisoning are often difficult for the public to detect. There is not sufficient public information or education about the dangers, and carbon monoxide is tasteless, colourless, odourless and invisible. The symptoms of carbon monoxide poisoning vary, with tiredness, shortness of breath, headaches, nausea, vomiting and dizziness. The symptoms can easily be disregarded or misunderstood. In particular, the very young and the very old can be affected without anyone putting the gas wall furnace and the symptoms together.

Carbon monoxide detectors can be purchased in Australia for as little as $40 each, but we do not have Australian standards for these detectors—unlike the situation with smoke detectors. In other countries these standards do exist, and they are regulated. This motion calls for all new residential properties with gas appliances to be fitted with approved carbon monoxide detectors, and for rental properties to have gas detectors installed and checked biannually. We also need nationally consistent legislation for safety checks on gas appliances in homes and the installation of detectors, and the implementation of a national safety awareness program highlighting the dangers and symptoms of carbon monoxide poisoning.

This motion is the first step in bringing about change which would need to come via the Australian Building Codes Board, ABCB. Template legislation or regulations need to be introduced in each state and territory. I acknowledge it may be a process best managed through COAG. The ABCB maintains and updates the Building Code of Australia. It provides the community with cost-effective and efficient regulations to aid the design, construction and use of buildings throughout Australia and it responds to government and industry calls for minimum necessary regulation to facilitate and not inhibit business. We are now making that call. I know that the member for Mallee and I will be following up on this motion to make sure that we see action to save lives. Beginning in 1994, legislation or regulations were introduced into each state and territory requiring that all homes be fitted with smoke alarms. An equivalent measure now needs to be implemented to deal with the equally deadly leaking of carbon monoxide from gas appliances which are found in most homes in Australia today.

I want to return to the words of Vanessa Robinson’s family. As I said before, Vanessa is a silent partner in putting this motion today. Vanessa has already had fundraising efforts with the father of the boys, Scott. She has also done a great deal herself to try to raise awareness of this problem. I understand that with the Victorian government she is hoping to put some community advertising through television into the broader Australian population so that more people are aware of just what can happen if you do not have properly maintained or installed gas appliances. This was written by her parents:

Throughout this and the ensuing backlash and animosity towards Vanessa in the local and national community the family has maintained a dignified silence whilst they assisted detectives with their enquiries and tried to make sense of what had happened. We wish the possibility of Carbon Monoxide poisoning had been investigated earlier and in parallel with the murder investigation, as we had raised concerns about this possibility with the police on Monday—

that was following the deaths.

We have also been appalled by the lack of medical attention Vanessa received during the initial hours of her being taken by the Police.

We are equally appalled by the lack of information afforded to us over our daughter’s condition especially during the time that her health began to rapidly deteriorate, forcing us to hire a lawyer in order to be able to find out its severity and whether we needed to immediately travel to Melbourne to be by her side. For a mother and father that had just lost two grandchildren and who was not been allowed to see their daughter or be informed of the severity of her deteriorating condition it is just not right.

…            …            …

Finally we would like to urge all families to ensure their heaters are serviced and checked to ensure there are no Carbon Monoxide leaks as this gas cannot be seen, smelt or tasted but it can result in a tragic loss of life as it has for our family.

As you can see, this is a matter which has led to the most sad and serious consequences for the Robinson family and it would have been totally avoidable if in fact that rented property had been inspected for gas leakage. We understand that the gas heater had been on the property for some seven years without any attention. Of course it is the case that we need to make sure that people who have gas appliances do not tamper with them themselves and always use qualified tradespeople when they are having their gas appliances examined, installed or in any way altered.

As members of parliament we need to work to we do all we can through this national parliament to ensure tragedies like the deaths of Chase and Tyler Robinson never happen again. It is also important that we look at international best practice. We note that in the United Kingdom there has been concern about gas leakage and the consequences for many years. They have legislation which makes sure that people are aware of the problem and there are mandated requirements in relation to detectors.

Given that detectors are quite a cheap piece of equipment, and given that retrofitting them in houses is not a difficult or expensive thing to do, I call upon this parliament to have a bilateral approach—as I am sure we will find in response to this motion today—to ensuring that one of these gaps that have occurred in our regulation of community safety is closed; that, as I said a minute ago, the deaths of young boys like Chase and Tyler Robinson have not been in vain; and that such tragedies never happen again.

11:10 am

Photo of Ed HusicEd Husic (Chifley, Australian Labor Party) Share this | | Hansard source

At the outset, I welcome the fact that the member for Murray has brought this resolution forward and has sought to put a spotlight on what would be a matter of concern to a large number of people. I was particularly moved by the points she raised in relation to Vanessa. It would be difficult not only to have to deal with that situation of the loss of two young lives but, on top of that, to have overlaid the suggestion of wrongdoing. I note that the member for Murray made reference to the fact that they maintained a dignified silence. I think many people in similar situations would be sorely tested to have to deal with two compounding and compelling issues: (1) the deaths and (2) the suggestion of something that was inappropriate.

I was going to make reference to smoke detectors. In my home state of New South Wales it is now, as a result of state legislation, compulsory to fit homes with smoke detectors, because it has been the silent killer of many that they have been unaware that their homes have been on fire and, as a result of carbon monoxide, they have been unable to respond to that fatal incident occurring in their homes.

It is interesting to note that there has not been any significant work done to study emissions that occur within homes and whether or not those homes are able to, through design, ensure adequate ventilation. I know that we are talking about detection and response, but another silent killer is the way in which homes have been constructed over the years and the way in which certain designs would, for example, encourage the retention of certain emissions that, of themselves, would cause harm over time.

It has been brought to my attention that the CSIRO has been involved and that there has been a study conducted through the Centre for Australian Weather and Climate Research. It was probably the first study done in Australia—because there had been no extensive studies of indoor air quality—to look at typical dwellings in Australia and to determine whether or not those dwellings are having an impact on the retention of certain emissions within homes. In particular, they found that, in the construction of homes that have garages connected with indoor access, the emissions themselves are higher because of, basically, the movement and retention of those emissions within homes, particularly during the morning hours between seven and eight, when obviously you have people departing for work, school or other activities and the operation of vehicles so close to those premises ensures the retention of those emissions within indoor premises. It is worth noting as well that this study was conducted over the winter of 2008, and there was further follow-up with a number of homes—40, off the top of my head—in 2009. So it is a relatively recent study which it has been important to conduct. They observed a number of pollutants—not just carbon monoxide but formaldehyde amongst others. They said that the concentration of indoor air pollutants observed in the study is comparable with concentrations observed in previous studies in Australia.

There were a number of purposes to the study. The first was to determine indoor air quality in typical dwellings. The second was to determine whether or not the proximity of dwellings to busy roads has an influence on indoor air quality. They selected two sets of dwellings—‘near road’ and ‘far road’. A number of statistical analyses were carried out to determine whether that had an influence. It was found that the only pollutants were closer to busy roads, which resulted in enhanced concentrations.

The third purpose of the study related to indoor quality, particularly with reference to the characteristics of the dwelling, the materials and indoor activities, with a particular focus on whether or not ventilation systems within homes were aiding by being able to get rid of those pollutants that were considered to have health impacts. It was noted—and obviously common sense would dictate this as well—that over the course of time, as architecture and home design have improved, with a focus on reducing the impact of heat and cold on homes, that has led to a focus on improving ventilation in homes. Over time, compared to older dwellings, there has been a propensity for newer homes to be able to expel those air pollutants, but it is still an issue.

I think a lot of people would be motivated by the concerns that the member for Murray has brought forward. I acknowledge that in her contribution today she has seen that a lot of this is state based and that is where the focus will need to be. However, I also recognise that in the mechanisms put forward by Dr Stone—sorry, the member for Murray; taking on board your previous advice to us, Mr Deputy Speaker—there is a need to determine how we are able to encourage national cooperation on this. Certainly a way that we can move forward is through the auspices of COAG. I think the issue will be determining how—obviously, given the number of national-state issues that are being coordinated through that forum—we are able to best progress on that.

However, I think it is important, and I certainly commend the fact, as I said at the beginning, that this has been brought forward. Frankly, with the construction of this new parliament and particularly with the changes to the standing orders, we need to take the opportunity to raise issues that, while they may be in local or state jurisdictions, have a national impact—and certainly this is one of those areas where that is the case—and then to determine the way in which we are able to progress on those issues. I am sure that in most households—and certainly in the electorate of Chifley, which I represent, where there are a blend of newer and older style premises—people would have concerns about whether or not indoor air pollutants are being trapped in this way.

The other thing to note, too, is that there are variations across states in heating. For example—and I take it that this is the case in rural Victoria—it is certainly the case, as I know from my previous experience working with an energy distributor, that on the south coast of New South Wales they do not necessarily have reticulated gas but will rely on bottled gas. Having said that, the network itself is one thing; another—and this was raised by the member for Murray—is the connections in the home, whether or not they are up to standard and whether or not they have been checked. These things need to be followed up. There is definitely merit in following up the issue that was raised by the member for Murray about national awareness campaigns as well.

It really comes down to how we progress this at a national level within COAG. The issue for us is seeing how we coordinate amongst states to deal with this issue, given that the relevant department at the federal level, the Department of Sustainability, Environment, Water, Population and Communities, does not have the statutory power in regard to fitting the detectors. The department has funded research in the past on the health effects of air quality in homes with unflued gas heaters. Those heaters—and it is acknowledged—pose a risk of elevated levels of indoor pollutants, including carbon monoxide. I think the challenge has been thrown out by the member for Murray: how do we coordinate national action on this and encourage states to move on this in the way that they have with the fitting of smoke detectors? I will limit my remarks to those. Certainly, as I said earlier, there is a challenge that needs to be met in this area and in seeing we respond to this resolution.

Photo of Peter SlipperPeter Slipper (Fisher, Liberal Party) Share this | | Hansard source

The honourable member has had very close to his 10 minutes. There was a problem with the clock, so it did not start until a minute and a half into your speech.

11:19 am

Photo of John ForrestJohn Forrest (Mallee, National Party) Share this | | Hansard source

I second the resolution. I am very pleased to have an opportunity to support my geographic neighbour, the fine member for Murray, in this resolution. Carbon monoxide poisoning has been a priority of mine for a long time. This goes back to my former life as a consulting engineer involved in building design and some of the things that the member for Chifley referred to. All of us need to pause for a moment and realise that the member for Murray’s resolution starts with her point number one. Her resolve and her desire to have something done about this comes from the tragedy of the loss of the two young Robinson boys. Any death is completely unnecessary. But deaths are more unnecessary when they involve young people, the richest resource that the nation has. I am particularly interested in supporting the member for Murray because I am very concerned about the lack of awareness about carbon monoxide. I support the other points in her resolution about encouraging building control boards to look at this issue and encouraging the use of detectors.

Carbon monoxide is a very insidious gas. We hear a lot about carbon dioxide, which is relevant to the discussion that occurs in regards to climate change. Carbon dioxide is the combination of a carbon atom and two oxygen atoms. It is detectable. The thing about carbon monoxide, which is a carbon atom and one oxygen atom, is that it is not detectable. That makes it very insidious. I encourage people when they are driving their motorcars, which I often do as I travel through my vast electorate late of night, to always drive with their window down, even if it is only an inch or two. You will notice if you are driving along, particularly in the winter and you are trying to keep the vehicle warm and you have the circulating air on warm, how drowsy one can become. That is the subtle, dangerous impact of carbon monoxide poisoning. If that feeling comes over you, you will be amazed when winding the window down and getting a sniff of good air how remarkably quickly one’s awareness returns.

I am particularly anxious to support the member’s resolution. The reason that I am harping on so much about awareness is that it will take a long time to get the states together through COAG. I am sure that the member’s resolution will get some action. But in the meantime we need to promote awareness. We as members of this place have the opportunity to promote through media comments the dangers of carbon monoxide.

Energy Safe Victoria have produced a brochure that is designed to make landlords aware of their responsibilities as lessors to vulnerable people who are not necessarily aware of this. They have made some very strong comments about carbon monoxide poisoning in this brochure. It says:

Carbon monoxide (CO) poisoning is a threat where internal gas appliances are misused, incorrectly installed or poorly maintained. CO poisoning can have symptoms similar to flu and can be fatal.

If people are not aware of what is happening to them, which is probably what happened with those two youngsters, fatality can be imminent.

I am particularly concerned about the use of mobile caravans and cabins. If a person wants to use gas for heating, they should never go to sleep with the gas appliance operating—never. I have seen incidents of that. I saw it happening in campervans when I was a young person backpacking through Europe. People with gas appliances in their campervans kept them on at night because it was chilly or icy outside. That is an absolute no-no. Carbon monoxide poisoning is a threat because the symptoms of overindulgence are symptoms that we come across in other illnesses, like flu. These include headaches, dizziness and nausea, which we do not necessarily link with a high concentration of carbon monoxide.

What I would like see in the meantime is that we encourage COAG and the states to see what they can do about appropriate detectors and ensuring that modern construction provides adequate warnings for gas appliances fitted to homes. We need to promote more and more of this style of brochure to every person who has a gas appliance in their home. I am supporting the member for Murray in that particular part of her initiative, because I just happen to know it will take some time to get the Australian Building Code changed. Despite the fact that there have been tragedies, it will take some time. I am hoping that other members will take up the cause here and warn people of the terrible dangers of carbon monoxide. It is insidious: you cannot smell it, and that makes it dangerous.

I am pleased to have this opportunity to support a good resolution and to see the parliament operating in the way it should. I think the energy of a non-partisan approach on this will ensure we get an outcome. We just do not want the nation to be deprived of the resources of youngsters, young teenagers, whose only fault was that they were not made aware of the risk they were taking in keeping a gas appliance operating all night.

With those few words, I offer a message of condolence to the Robinson family, for whom, whilst this incidence occurred in May last year, time will not heal the wounds and grief they feel at the loss of two youngsters. I share that condolence with them and through the member for Murray. I commend her on the resolution she has put before the parliament.

11:26 am

Photo of Stephen JonesStephen Jones (Throsby, Australian Labor Party) Share this | | Hansard source

Can I begin by thanking the member for Murray for bringing this matter to the chamber. It is indeed both a tragedy and an opportunity, and I would like to add my voice to the sentiments that have been spoken before me by the member for Mallee and my colleague the member for Chifley. We join with all members of this place in mourning the tragic loss of Chase and Tyler Robinson, who died at Mooroopna on 30 May last year. It was a terrible tragedy for their parents, Vanessa and Scott Robinson. I take this opportunity to pass my condolences on to Scott and Vanessa, who I am sure are still grieving.

We know that Energy Safe Victoria examined the house and that police believe a gas leak was directly responsible for the tragic deaths of these young boys. Indeed, inspections have revealed a faulty gas appliance, possibly a heater, was responsible for these deaths. It really is regrettable that carbon monoxide poisoning only comes to national attention following a tragedy like this. I guess I am like every other Australian who only focused their attention on this issue after this terrible tragedy. I am also a father of two young children, and we have an unflued gas heater in our house. So we really do hope that some good can come from this terrible incident.

The problem with carbon monoxide is that you cannot see it and you cannot smell it, but at high levels it is deadly. We know that carbon monoxide is produced whenever any fuel such as gas, oil, kerosene, wood or even charcoal is burned. It is important to note that an appliance that is properly installed and maintained, as the member for Chifley outlined earlier, will not present a hazard. However, if an appliance is not working properly or is used incorrectly or if there is poor ventilation then dangerous levels of carbon monoxide will result. This points to the fact that it should be incumbent on all landlords everywhere, as the motion points out, to be aware of this and to properly maintain the heating equipment in their properties and have it inspected on a regular basis And, as tenants, when we enter into a lease arrangement, we should ensure that we check on the maintenance of appliances more vigilantly and do our part to insist that this maintenance takes place.

Of course, it is not only here in Australia. We know that around the world each year hundreds of people die accidentally from carbon monoxide poisoning. Some more die from carbon monoxide poisoning outside the home and other buildings, such as in cars, as the member for Mallee has pointed out. Foetuses, infants, elderly people and people with asthma or a history of respiratory or heart disease are especially susceptible.

Some of the risks for carbon monoxide poisoning arise from commonly occurring situations, such as a blocked flue or a faulty cowl, damaged or corroded fluepipes, sealing up a fixed fresh air ventilator or using camping appliances indoors or in an improperly ventilated space. We should also all be aware that the threat from carbon monoxide is much higher if the appliance is in a very small room such as a toilet or bathroom—surprisingly, many gas heaters are still fitted in confined spaces such as these—or if you are sleeping in the same room as the appliance, such as in a tent or a caravan. The threat is also increased if ventilation to the appliance is absent or restricted or if the flue is in poor condition. It has been argued that the charcoal briquettes and portable barbecues should carry specific warnings about the dangers of burning charcoal in confined areas, and I agree that this is something that we should move on. These are risks that we should all be more aware of because of the everyday, commonly occurring situations where these risks arise. I believe that with the switch in consumption from electricity to gas heating in particular over recent years—a switch that I believe is only going to accelerate—this is a problem that we really do have to face as legislators.

Raised levels of carbon monoxide can have significant impact on human health, and the Australian government has taken steps to manage and reduce the amount of carbon monoxide that is produced. These steps include implementing national fuel quality standards, promoting alternative fuels and supporting the implementation of tighter vehicle emission standards. However, more needs to be done. Through the National Environment Protection Council, the Australian state and territory governments have also agreed on a national environment protection measure for ambient air quality. The measure includes national standards for six key pollutants, including carbon monoxide. The Gillard government is committing to working through the COAG framework to progress national action on a number of fronts. There is no doubt that lives would be saved if carbon monoxide detectors were fitted in homes with gas appliances and if states regulated to ensure that landlords were obliged to have qualified contractors inspect all gas appliances in rental properties on a regular basis. With these observations in mind, I have no qualms at all about speaking in favour of the motion and commending it to the House.

Photo of Peter SlipperPeter Slipper (Fisher, Liberal Party) Share this | | Hansard source

Order! The time allotted for this debate has expired. The debate is adjourned and the resumption of the debate will be made an order of the day for the next sitting.