Legal Issues for the SES Michael Eburn University of New England

Legal Risk Emergency services are not immune from legal action- see Gardner v NT; Ambulance Service v Worley Mayo-Ramsay v NSWFB for recent Australian examples.

Legal issues Tort law –will you get sued by your clients? –will you get sued by your volunteers? Criminal Law –Unexpected personal liability –OH&S

Will you get sued by your client? Depends on the link to individuals- is the service there for the individual or the community good? Fire Brigades extinguish fires for the benefit of all; Ambulance services go to help a person in need. Where does the SES fit in?

Individual Community Rescue, storm repairsFlood preparations

Reasonable care What does it mean? For individuals- act in accordance with their training and procedures For the organisation – act as the reasonable emergency services organisation. Do we know what best practice is? Are we part of the community of ‘emergency services’?

Emergency powers Significant power to influence others. When will they be used? What guidelines are in place?

But… The risk is low Emergency services may get sued, but they usually win! Courts are reluctant to ‘second guess’ decisions in an emergency. Of course what is an emergency depends on where you sit – an ‘incident’ for the SES, is an emergency for someone else.

Will you get sued by the members? They are insured - Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 (NSW); but May want to bring an action – failure to train, equip, supervise. State Emergency Service Act 1989 (NSW) s 25 probably wont help.

Criminal law Member’s liability – vicarious liability does not apply. Section 25 does not apply to criminal prosecutions. Potential risk – driving on urgent duty. Do we adequately train the members?

OH & S Mayo-Ramsay v NSWFB Liable for failure to ensure safe system of work. What level of training and supervision is required? If you required that degree of control, would volunteers stay? Where is the ‘place of work’?

International response IDRL Project Are you prepared to go overseas? Are you prepared to work with overseas actors?

Any questions? Thank you for your attention. Michael Eburn