Emergency Law: Rights, Liabilities And Duties Of Emergency Workers And Volunteers

Synopsis

Emergency Law is an Australian text designed to give a clear insight into legal issues involved in planning for and responding to emergencies. It is a clear and concise account of the law that applies in a civil emergency and to the Australian emergency services as well as the rights and obligations of those who provide emergency care to the sick or injured, be they professionals, trained volunteers, neighbours or strangers who stop to help. Much of the text has been revised and expanded: the discussion on first aid and whether treatment can be given without consent has taken into account legislative provisions authorising ambulance and police officers to treat the mentally ill, and case law on the duties that ambulance officers still owe to a person who refuses their assistance. The overview on the emergency powers granted to the Australian emergency services has been reorganised to allow readers to find information relating to their type of service (ambulance, urban or rural fire or emergency service) in one place. The analysis of the need for emergency powers and the role of the Commonwealth in disaster response has been updated and expanded. Additionally, the discussion on the liability of the emergency services has been updated to take into account recent cases, in particular, litigation arising from the Canberra 2003 bushfires. There is also a detailed analysis of the effect of civil liability legislation on the ability of rescuers to recover if they are injured or traumatised in the course of their duties. The third edition updates the law with reference to new legislation and case law. There is also an extended discussion on the role of coroners and Royal Commissioners and an expanded discussion on the question of whether or not an emergency service organisation is vicariously liable for the actions of volunteers.