Workers Compensation

Associate Professor, Dr Michael Eburn (PhD), publishes additional information relating to Section 128 of the Rural Fires Act on his Australian Emergency Law blog.

Associate Professor, Dr Michael Eburn (PhD), provides advice on his Australian Emergency Law blog.

1. A service such as the RFS should have a clear policy of when ‘response’ driving is permitted. It should be when a faster response is likely to significantly improve the outcome and is it necessary to save life, property or the environment. That will require consideration of the nature of the call, time of day, traffic environment etc. It may be appropriate for a first responder to a triple zero call to respond under lights and sirens, but once the service is ‘on scene’ the incident controller needs to consider whether an ‘urgent’ response will make a significant difference to the outcome.

2. The faster response must be necessary, not merely convenient.

3. When the criteria to justify response driving is not met, drivers must drive in accordance with the Australian Road Rules as adopted in your state/territory.

4. The fundamental obligation on all drivers is not to crash. Crashing an emergency service vehicle creates another emergency, delays the response to the first event and causes more trauma. People may die in floods, fires and other events but more people die in car accidents. Drivers should be reminded that no matter what they are responding to, the most important objective is not to crash.