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Legal Issues for the SES

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

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Legal Issues for the SES

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  1. Legal Issues for the SES Michael Eburn University of New England

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

  3. 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

  4. 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?

  5. Rescue, storm repairs Flood preparations Individual Community

  6. 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’?

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

  8. 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.

  9. 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.

  10. 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?

  11. 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’?

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

  13. Any questions? • Thank you for your attention.Michael Eburn

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