I’ve been asked to comment on the decision in Gawthrop v Bendigo Health [2026] VSC 157 (27 March 2026), a case that’s been described by Dr Danny Tucker, obstetrician and blogger as ‘the most significant Australian consent case for intrapartum
Australian Emergency Law
Australian Emergency Law, published by Michael Eburn, PhD, focuses on legal issues related to emergency services and responses in Australia. The blog covers topics such as employment disputes and disciplinary actions within fire and rescue services, legal implications of safety alerts issued by rural fire services, and the legal aftermath of emergency incidents including terrorism and public safety events. It also addresses industrial relations and ministerial powers affecting emergency service organizations, as well as procedural challenges faced by emergency service personnel in legal claims. The blog discusses statutory interpretation, negligence, liability, and regulatory compliance in the context of emergency management and public safety law.
Latest from Australian Emergency Law - Page 3
Blue driveway lights
By M. Eburn
Today’s correspondent asks:
How legal is this ? People in our town have started marking driveways with LEDs using blue and red colouring.
Blue road reflectors, often called raised retroreflective pavement markers (RRPMs) or “cat’s eyes,” are specifically used to…
Qld paramedic reprimanded for delayed response
By M. Eburn
In my post After action review, Paramedic disciplined for 1.5 minute delay in responding (November 8, 2025) I reported on a decision by the Queensland Civil and Administrative Tribunal (QCAT) that dealt with, amongst other things, a complaint that a…
Skeletons in the closet – a warning for paramedics (and other health professionals)
By M. Eburn
I have previously reported on the decision in Paramedicine Board of Australia v Jackson; Physiotherapy Board of Australia v Smith [2025] SASCA 25 (20 March 2025) (see Relevant Tribunal cannot rule on matters prior to a paramedic’s registration (March 31,…
TfNSW and Rail commanders as emergency workers
By M. Eburn
Today’s question is:
Out of interest is TfNSW [Transport for New South Wales] Traffic Emergency Patrollers, TMC Transport Commander and Rail Commander considered emergency workers under SERM Act or under their own respective legislation as I understand they all operate…
A health practitioner is not necessarily a medical practitioner
By M. Eburn
Today’s case – Collett v State of Queensland (Queensland Health) [2026] QIRC 084 – has only a very tenuous connection to ‘emergency’ law but I’ll report on it anyway as it involves definitions under the Health Practitioner Regulation National Law. …
Paramedic taking blood in private practice
By M. Eburn
Today’s correspondent is
… trying to ascertain as a registered paramedic working in private practice, can I collect blood?
I work in an environment with a pathology collector who has educated me on procedure and demonstrated it. He is willing…
Former South Australian paramedic reprimanded over answers to registration renewal application
By M. Eburn
In Paramedicine Board of Australia v Jackson [2025] SACAT 103, the South Australian Civil and Administrative Tribunal had to rule on complaints, lodged by the Paramedicine Board, alleging that Mr Jackson ‘had behaved in a way that constituted professional misconduct’. It…
QLD v NSW v Private v Public Drug Scope
By M. Eburn
Today’s question comes from a Queensland paramedic and demonstrates some of the difficulties in getting the language right around drugs. They say:
I’m a QAS paramedic that’s recently started working at a Urgent Care Centre (private but Medicare funded) as…
Queensland paramedic suspended for sexually assaulting a colleague
By M. Eburn
A Queensland paramedic has had his registration suspended after groping a colleague’s ‘breasts with both hands, for approximately five seconds’ (Health Ombudsman v Garrahy [2026] QCAT 58, [15]). The assault took place during a social function ‘organised by a QAS social club’…