SCENARIO TWO ‘SES member critically injured during storm response’

SCENARIO TWO

‘SES member critically injured during storm response’

Legal Issues

• The storm hits. What are the legal consequences: – For the SES media officer?– For the owner of the damaged vehicle?– For the Regional Controller?– For the injured member?– For the SES as an organisation?

The media officer…

• Is there a duty to warn?

• Were his or her actions in ‘good faith for the purpose of exercising the functions of … the State Emergency Service’? (SES Act s 25: probably not – Ardouin’s case again.)

• But who’s going to pay (if anyone)?

The car owner…

• There are risks to him, too

• The case wont be easy, what might happen?

The injured member

• What happens if no compensation?• Workers Compensation (Bush Fire,

Emergency and Rescue Services) Act 1987 ‘… applies to personal injury received by an emergency service worker or a rescue association worker: (a)  arising out of or in the course of carrying out an authorised activity…’ (s 24).

• Who’s going to pay?

The Regional Controller

• The SES, as an employer, must ensure the health safety and welfare of people at its’ place of work.

• Volunteers are not employees, but the Regional Controller is – is this her place of work? Is she in control of the premises (at least to a limited degree)? (OHS Act 2000 ss 8, 10 and 20)

OHS Act 2000 (NSW) s 20

‘An employee must, while at work, take reasonable care for the health and safety of people who are at the employee’s place of work and who may be affected by the employee’s acts or omissions at work.’

Breaches of the OHS Act

• Are criminal in nature; they carry heavy fines.

• Consider the implications of Workcover v NSW Fire Brigades [2006] NSWIRComm 356.

The SES as an organisation?

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