April 2021 Part II
Australian Emergency Law
by Michael Eburn
3y ago
This podcast summarises and discuss the final four posts for April 2021. In this podcast I discuss when is an event first aid/health/medical service an ambulance service in SA, when can an experienced paramedic use their skills to save a life even if they have not been endorsed to do so by their employer, what is the jurisdiction of the Victorian Civil and Administrative Tribunal (VCAT) to hear appeals from decisions to suspend or dismiss a CFA volunteer and can a competent patient delegate their health care decision making to someone else.  ..read more
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April 2021 Part I
Australian Emergency Law
by Michael Eburn
3y ago
This podcast summarises and discuss the first four posts for April 2021. In this podcast I discuss why a verdict against landowners for RFS managed controlled burn was set aside, why it is the doctrine of necessity and not implied consent that justifies the treatment of the unconscious, whether paramedics should advise patients that if they don't come voluntarily to a mental health facility they will be detained under s 20 of the NSW legislation or is that coercive and finally whether a young lifesaver can apply to have red/blue warning lights on a motorcycle.    ..read more
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Emergency law in March 2021
Australian Emergency Law
by Michael Eburn
3y ago
In this blog post I report on the posts I wrote in March 2021. Hear about issues of involuntary patient detention in NSW and Qld, the right of RFS volunteers to ask questions to get evidence of an offence or to clear a fire trail, response driving in Victoria and other matters in 9 posts written during March ..read more
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Giving instructions to use plant contrary to manufacturer’s instructions
Australian Emergency Law
by Michael Eburn
3y ago
Can a PCBU give instructions to employees to use plant (in this case a restraint designed to secure a child to an ambulance stretcher) outside the operational limits described in the manufacturer's user manual? This episode is also available as a blog post: https://emergencylaw.wordpress.com/2021/03/10/giving-instructions-to-use-plant-contrary-to-manufacturers-instructions ..read more
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Do NSW RFS volunteers have to caution people before asking questions?
Australian Emergency Law
by Michael Eburn
3y ago
Do volunteers who think a person may have committed an offence against the Rural Fires Act have to issue a caution before asking a question? Probably not, but there's more to it than that. This episode is also available as a blog post: https://emergencylaw.wordpress.com/2021/03/10/do-nsw-rfs-volunteers-have-to-caution-people-before-asking-questions ..read more
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Mandatory notifications and the impact on related proceedings
Australian Emergency Law
by Michael Eburn
3y ago
This episode discusses whether a report that a paramedic is impaired can be made when related legal proceedings are on foot. The answer is not only can a report be made, it must be made by mandatory reporters. This episode is also available as a blog post: https://emergencylaw.wordpress.com/2021/03/09/mandatory-notifications-and-the-impact-on-related-proceedings ..read more
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NSW Paramedics and leave
Australian Emergency Law
by Michael Eburn
3y ago
This episode reports on the decision in Australian Paramedics Association (NSW) v Health Secretary in respect of NSW Ambulance [2021] NSWIRComm 1016 where Commissioner Murphy held that NSW Paramedics are entitled to overtime if, when they return from annual leave, they are rostered to work more hours than they would have if they had not taken leave. You can also read this as a blog post at https://emergencylaw.wordpress.com/2021/03/09/nsw-paramedics-cannot-be-required-to-work-extra-hours-just-because-they-went-on-leave ..read more
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The Mental Health Act 2007 (NSW) s 22 and the meaning of the word 'probable'
Australian Emergency Law
by Michael Eburn
3y ago
This post discusses the Mental Health Act 2007 (NSW) s 22 and the meaning of the word 'probable'. Section 22 is the section that allows police to apprehend a person who appears to be mentally ill or mentally disturbed and transfer them to a mental health facility. It requires the police to hold a view that it is 'probable' that the person will be a danger to themselves or others. The section is compared to s 20 that is the section that empowers ambulance officers to transport a person to mental health facility and the meaning of the word 'probable' as used in s 22 is discussed. This post is a ..read more
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Introduction
Australian Emergency Law
by Michael Eburn
3y ago
This is the first podcast and is a short introduction ..read more
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