Australian Emergency Law
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Follow this blog to get a discussion on the law that applies to or affects Australia's emergency services and emergency management, by Michael Eburn, Ph.D. and Barrister.
Australian Emergency Law
4d ago
Today’s question comes from a volunteer with the NSW RFS. Although it involves the RFS it is more an industrial law issue rather than a matter of emergency law but I’ll have a go. My correspondent says: Alcohol and drug screening Recently at the RFS 2024 State Championships the RFS issued documentation they stated, ‘PLEASE ..read more
Australian Emergency Law
4d ago
Today’s correspondent, a paramedic from Queensland, has: … a question regarding the treatment of a minor against a parent’s wishes. Example: You have a child who is not competent to make their own decision, who is critical and could die or sustain life long injuries if they are not treated with “x” medication or “x ..read more
Australian Emergency Law
1w ago
FTD v NSW Ambulance [2024] NSWCATAD 283 contains some lessons for supervisors of student paramedics, and for people who want to conduct their own litigation. This case before the NSW Civil and Administrative Tribunal (NCAT) was brought by FTD, a paramedic student, who failed her last clinical placement with NSW Ambulance. The case was brought ..read more
Australian Emergency Law
1w ago
In Health Care Complaints Commission v GJU [2024] NSWCATOD 160 the NSW Civil and Administrative Tribunal made orders disqualifying a former paramedic from seeking further registration for at least 5 years. The paramedic (who cannot be named both to protect them and their mental health and the victim of their offending) had been convicted of ..read more
Australian Emergency Law
1w ago
A Queensland paramedic writes to discuss end of life directions. I’m told: When attending a patient as a paramedic, particularly ones who are sick or approaching end of life, I almost always ask if they have either a Statement of Choices, Advanced Health Directive or an Advanced Resuscitation Plan. If they don’t, I ask them ..read more
Australian Emergency Law
1w ago
Today’s correspondent reports that an .. RFS tanker rolled while being driven by a RFS State Mitigation team member. Thankfully he only suffered a broken collar bone. My question is that the tanker has no number plates and is being used under the exemption of being used for a bona fide brigade activity. The tanker ..read more
Australian Emergency Law
1w ago
I have previously reported on the case of Mark Roche – see Suspended QAS paramedic wins right to continue to be paid pending the outcome of criminal charges (December 3, 2023). His case has again returned to the Industrial Relations Commission in Roche v State of Queensland (Queensland Ambulance Service) (No. 2) [2024] QIRC 230 (17 ..read more
Australian Emergency Law
2w ago
This is not a place for legal advice and today’s correspondent raises questions that, I’m told are to be shortly determined in a Local Court. The gist of the issue is that the defendant has been charged with entering inclosed lands contrary to the Inclosed Lands Act Protection Act 1901 (NSW). Section 4(1) of that ..read more
Australian Emergency Law
2w ago
In United Firefighters’ Union of Australia v Fire Rescue Victoria [2024] FWC 2197 (23 August 2024) (Wilson C) the UFU sought orders to require Fire Rescue Victoria (FRV) to pay an allowance to firefighters who had to use their own mobile phones to use multi-factor authentication (‘MFA’) to access the FRV IT system. The issue arose ..read more
Australian Emergency Law
2w ago
Today’s question comes from a Victorian paramedic who asks: As a health professional (acknowledging this may not confer any specific powers over a member of the public) in charge of the care of a person (my patient) where the person (my patient) is both (a) temporarily not competent to provide consent due to current intoxication ..read more