On Legal Precedents Sharing responsibility Dr Michael Eburn ANU College of Law and Fenner School of Environment and Society The Australian National University CANBERRA ACT 0200 P: E: Kinglake, 5 May 2013

Legal “Responsibility” Was the person acting with free will - responsible for their actions. Was the person responsible for the consequences of their act or omissions; causal responsibility. Who is authorised or required to make a decision on what action to take. 2

Responsibility is always individual “Group responsibility is “collective” in the sense that it falls on the group as an abstract entity [but] … there can be no such thing as collective responsibility as there can be no abstract entities” Cane, P (2002) Responsibility in law and morality. (Hart: Portland, Oregon) p

Who can share responsibility? Only those with legal standing: –Natural persons (you and I); –Corporations; –Governments; –Not ‘communities’. 4

Shared responsibility Is not equal responsibility. How responsibility is to be balanced requires negotiation and trade offs. The balance of responsibility reflects beliefs about capacity. 5

Attributing responsibility The Royal Commission –Cannot allocate responsibility. Courts –Can make binding legal decisions. –Can adjust rights – but –Fire services are not liable because they are there for a community, not individual benefit. 6

Questions? Comments? Michael Eburn P: E: 7