Paramedic law
Dr Michael Eburn
ANU College of Law and Fenner School of
Environment and Society
(and a former NSW Ambulance ‘paramedic’)
In this seminar
• What it means to be a paramedic and the
push for national registration;
• Issues to do with paramedic practice; and
• Why you don’t want to crash your
ambulance!
I’m a paramedic – are you?
• What does the word ‘paramedic’ mean to
you?
• What makes you a ‘paramedic’?
• What distinguishes a paramedic from
– an ADF ‘medic’?
– A ‘first aider’?
– Me?
Consultation paper: Options for
regulation of paramedics, July 2012
Option 1: No change
Option 2: Strengthen statutory health
complaint mechanisms
Option 3: Strengthen State and Territory
regulation of paramedics
Option 4: Registration of paramedics
through the National Scheme
Current regulatory schemes
• Ambulance services are established under
health, or emergency service legislation…
• Except in WA and the NT! The sector is
largely unregulated in these jurisdictions
(and hence it is WA leading the discussion
on regulation).
What happens if…
• A patient gets less than optimal care?
• An unqualified person holds themselves
out as a ‘paramedic’?
• An event organiser thinks they’ve booked
advanced life support paramedics but gets
something else?
• How do you are anyone else know what a
‘paramedic’ is?
Health and Disability Services
(Complaints) Act 1995 (WA)
• Allows complaints about a health service,
which includes any ‘ambulance service’.
• If an employer provides onsite
paramedics, are they providing an
‘ambulance service’?
• Or a first aid service (Occupational Safety
and Health Regulations 1996 (WA) r 3.12).
Paramedic practice
• Paramedic practice is unregulated in WA.
• Your scope of practice will depend on your
employer, and your training.
• What is the duty of a paramedic?
There is no duty to rescue a stranger
• The common law does not require people
to go to the aid of a stranger.
• If you do go you must act ‘reasonably’
• But the duty is not to make the situation
worse; you don’t have to make it better.
What is reasonable?
• It depends on:
– The likelihood of an adverse outcome;
– The probability of its occurrence;
– Cost, inconvenience and difficulty in taking
alternative action.
(Wyong Shire and Shirt (1980) 146 CLR 40).
What about…
• Operating as a Medic/Paramedic under
Medical Direction where do responsibilities
and liabilities rest.
• Where additional skills outside of the
assigned scope of practice have been
taught and they are not a nationally
recognised competency.
Use of drugs
• “The Poisons Act 1964 (WA) and Poisons
Regulations 1965 do not provide any direct
‘group’ type authority for ‘paramedics’ to access
and administer scheduled medicines.”
• “A paramedic can only administer scheduled
medicines under the authority of a person
holding a Poisons Permit to purchase and store
scheduled medicines for the purpose of
providing ‘health services’ (Poisons Regulations
1965 (WA) r 10AA).”
Driving – the National Road Rules
A provision of these regulations does not apply to the driver
of an emergency vehicle that is not being used for official
duties by a police officer if —
(a) in the circumstances —
(i) the driver is taking reasonable care; and
(ii) it is reasonable that the provision should not apply;
and
(b) the vehicle is a motor vehicle that is moving and the
vehicle is displaying a blue or red flashing light or sounding
an alarm.
(Road Traffic Code 2000 (WA) Reg 281)
‘A provision of these regulations…’
– PART 3 -- Speed restrictions
– PART 4 -- Making turns
– PART 6 -- Traffic-control signals
– PART 7 -- Giving way
– PART 8 -- Traffic signs and road markings
– PART 11 -- Keeping left, overtaking and other
driving provisions
• The sort of thing you’d get a traffic ticket
for.
They do not deal with serious offences
– Dangerous driving causing death, injury etc.
– Dangerous driving causing bodily harm
– Reckless driving
– Dangerous driving
– Careless driving
(Road Traffic Act 1974 (WA)).
– Manslaughter
(Criminal Code Act 1913 (WA)).
… driver of an emergency vehicle
emergency vehicle means a motor
vehicle — …
(c) being an ambulance, answering an urgent call or conveying any
injured or sick person to any place for the provision of urgent
treatment; or
(d) being used to obtain or convey blood or other supplies, drugs or
equipment for a person urgently requiring treatment and duly
authorised to carry a siren or bell for use as a warning instrument;
or
(e) duly authorised as an emergency vehicle for the purposes of
these regulations, by the Director General;
…the driver is taking reasonable care
• What does that mean?
• Who decides?
… it is reasonable that the provision
should not apply
• When will that apply?
• Consider Road Traffic Code r 62
– (1) A driver approaching a pedestrian
crossing shall drive at a speed at which the
driver can, if necessary, stop safely before the
crossing.
– (2) A driver shall give way to a pedestrian who
is on a pedestrian crossing.
… displaying a blue or red flashing light
or sounding an alarm.
Duty to give way
Road Traffic Code 2000 (WA) r 60
(1) A driver shall give way to, and make every
reasonable effort to give a clear and uninterrupted
passage to, every police or emergency vehicle that is
displaying a flashing blue or red light (whether or not it
is also displaying other lights) or sounding an alarm.
(2) This regulation applies to a driver despite any other
regulation that would otherwise require the driver of a
police or emergency vehicle to give way to the driver.
Civil liability is not affected
• You must take reasonable care when
driving.
• You must expect that people will not
– Notice you or;
– Know what to do.
• Damages will be paid in accordance with
the Motor Vehicle (Third Party Insurance)
Act 1943 (WA).
In short
• You can do what you like, so long as you
don’t crash and
• If your driving in circumstances where
someone would say ‘they’re going too fast’
then, you’re going too fast.
Questions and comments?
• Thank you for your attention.
• Check out the Emergency Law blog http://emergencylaw.wordpress.com/
Michael Eburn
P: 02 6125 6424
E: michael.eburn@anu.edu.au