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?
Rescue, storm repairs
Individual
Flood preparations
Community
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