Readers of this blog are reminded that courts and tribunals in the Australian legal system do not exercise some broad power to investigate matters and do what they think is just or right. The court sits as a referee to
Michael Eburn, PhD
Michael Eburn, PhD, is associated with publications focusing on legal issues related to emergency services, industrial relations, and public safety in Australia. The content often analyzes court decisions, regulatory frameworks, and legal disputes involving fire and rescue services, paramedics, and related unions. Topics include unfair dismissal cases, ministerial powers in emergency services, liability and safety regulations in rural fire contexts, and legal responses to emergency incidents. The publications provide detailed commentary on procedural and substantive legal matters affecting emergency personnel and organizations, highlighting the intersection of law, public safety, and employment relations.
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UK – Coastguard Rescue Officers are ‘workers’, not volunteers
The heading, above, is my summary of the decision in Maritime and Coastguard Agency v Groom [2026] EWCA Civ 6. This is an English case (EWCA stands for England and Wales Court of Appeal) but the reasoning may be of interest.…
Use of scheduled drugs by Commonwealth employees
On 30 June 2026 I presented a webinar on the authorisation of paramedics to use scheduled drugs. I discussed the legislation and the general scheme in the states and territories. I was asked ‘what about the Commonwealth – eg paramedics working…
Entitlement to be paid first aid allowance
The decision of the Fair Work Commission in Mohan Komati v Golden Glow Corporation (NT) Pty Ltd T/A Golden Glow Nursing [2026] FWC 1899 turned on the interpretation of the Social, Community, Home Care and Disability Services Award 2010. It will have…
Asking questions and what does it mean to say ‘this is not legal advice’?
A reminder of how to ask questions and what this blog is, and is not.
I invite people to ask questions to help understand the law that applies to their work in the emergency services. I have been writing this…
ACP’s ‘Australasian Clinical Practice Framework for Paramedicine V1’
Today’s correspondent says:
I reference your previous article [‘Specialist’ paramedics (May 25, 2024)] https://australianemergencylaw.com/2024/05/25/specialist-paramedics. The [Australasian] college [of Paramedicine] [the ACP] has subsequently released the clinical practice framework: https://paramedics.org/news/australasian-clinical-practice-framework-paramedicine-v1-launch.
I would be keen to hear your thoughts on the release…
NSW Paramedics treating children without consent
Today’s correspondent says:
I have a question regarding the Children and Young Persons (Care & Protection) Act 1998 (NSW) s174 which says:
A medical practitioner may carry out medical treatment on a child or young person without the consent of—
(a) the…
Authorised officers and the Mental Health Act 2009 (SA)
Today’s correspondent says
Section 56 of the Mental Health Act 2009 (SA) grants Authorised Officers specific legal powers to temporarily take a person into care and control, assess their mental health, and keep them safe if they appear to have a mental…
Leave entitlements when transferring to Ambulance Tasmania
Today’s correspondent has a question about transferring leave entitlments when moving from another jurisdictional ambulance service (not WA or the NT) to Tasmania. They say:
I was working for [a jurisdictional ambulance service] for 12years. At the start of the year,…
Paramedics and drugs – SA and Victoria – a question for my readers.
NOTE- in the first version of this I did not make it clear that I intended to ask about the South Australian Ambulance Service and Ambulance Victoria rather than paramedics working in other areas. I’ve amended the post, below, to…