On 27 March 2024, the Hon Brett Lee Potter, in his capacity as the Northern Territory’s Minister for Police, issued a declaration under the Emergency Management Act 2013 (NT) s 18(2). The next day the declaration was amended so that it referred to Mr Potter as the Minister for Fire and Emergency Services rather than the Minister for Police. The declaration says that: … an emergency situation exists in the area described as “High Risk Area – Alice Springs Precinct” and shown within the thick yellow lines depicted on Certified Plan S2023/023 lodged with the Surveyor-General, Darwin. The area i ..read more

I received an email purporting to be from a chaplain associated with one of the emergency services. The email said: I am a chaplain with [service name] …  Following a recent conversation, one of the [members] … explained to me that they made an enquiry to you about … [number of] years ago regarding [subject matter and link to post included] … They have expressed that they feel incredibly embarrassed about having asked the question, going as far to admit that it still upsets them to think about it today. I am reaching out at their request, to ask if you could possibly remove the response ..read more

Today’s correspondent not only raised the issue, they also provided the answer.  The gist of the issue is RFS members: … purchasing AUD$30 radios from eBay, known as the Baofeng UV5R, which is a cost effective radio from the overseas market. However, this draws some interesting attention from the ACMA [Australian Communications and Media Authority]: ACMA Beware of 2-way radios from overseas (29 March 2023) South Easthern Communications Illegal Radios Warning (2024) It’s concerning from a legal liability perspective of volunteers providing their own seemingly illegal communications eq ..read more

The Health Practitioner Regulation National Law (NSW) requires a registered health professional to notify their board within 7 days (s 130(1)) of being charged with a criminal offence punishable by 12 months imprisonment or more (s 130(3)(a)) or after being convicted of an offence punishable by any period of imprisonment (s 130(3)(b)).  For example, the offence of driving with a middle range prescribed concentration of alcohol (contrary to the Road Transport Act 2013 (NSW) s 110(4)) carries a maximum penalty of 9 months imprisonment.  A registered paramedic would not need to disclose ..read more

Today’s correspondent has a question regarding the presumptive cancer legislation – that is legislation that provides that firefighters who develop various listed cancers are presumed to have developed the cancer as a result of their firefighting duties. This entitles them to workers compensation (even for volunteers) without the need to lead evidence to establish the link between their work and their disease. The question is: What does iCare need to do to meet the test that “the contrary is established” under s10A(1) Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 to ..read more

Under the Fair Work Act 2009 (Cth) s 65 an employee in one of the circumstances listed has the right to apply for flexible work arrangements. The listed circumstances are set out in s 65(1A). They are: (aa)        the employee is pregnant; (a)            the employee is the parent, or has responsibility for the care, of a child who is of school age or younger; (b)           the employee is a carer (within the meaning of the Carer Recognition Act 2010 ..read more

Today’s correspondent is … currently serving as an ambulance paramedic in Western Australia and have encountered a dilemma related to our professional duties when dealing with violent or aggressive individuals, or those experiencing severe mental health crises. This issue arises from a recent policy shift by the WA Police, who now decline to accompany us to incidents involving individuals with a violent or aggressive history or current behaviour. Instead, we are tasked to conduct an “on-site risk assessment” and communicate the situation to the police, who will then decide whether their prese ..read more

The two cases, discussed below, were both decided at the end of February and dealt with urgent applications for orders to terminate planned industrial action by the Health Services Union. The Industrial action either has, or would have, already come and gone but it is, I hope, still worth reporting on them. The first case is Health Secretary in respect of NSW Ambulance v Health Services Union NSW [2024] NSWIRComm 1014 (27 February 2024) (Commissioner O’Sullivan). In this case the Ambulance Service sought orders to terminate planned stop work meetings that were scheduled for     ..read more

Today we return to the Mental Health Act 2007 (NSW) at the request of ‘… a Registered Nurse working in a rural Emergency Department…’   I’m asked: If we are not a ‘declared’ ED or MH facility, does section 20 or 22 stand at all? Or is it null and void given we are not a ‘declared’ facility? If a patient is transported under a section 20 or 22, how long is that enforceable by the hospital for? If at all? Once the patient is seen by a medical doctor in our rural facility, does that the null and void the section 20/22? There is often a lot of confusion regarding this, and we are acce ..read more

Today I’m asked if there are … any AHPRA type consequences for a doctor signing an undertaking for family violence in Vic. Is it self-reportable or mandatory reportable if an employer found out? Victorian Legal Aid has this to say about family violence intervention orders: A family violence intervention order is a court order that aims to protect a person from someone who has used family violence. An intervention order can also protect children, property or people supporting the protected person. With respect to undertakings and family violence they say: Option 2 – Agree to an undertaking ..read more