Today’s
… question relates to the upcoming changes to Victorian rules re first aid.
What will define when a doctor who is already able to practice under their registration will need to be approved under the new rules and how will this affect nurses who provide “nurse services” for example on a film set or event even though it is really a first aid service.
Likewise how will it affect a registered Paramedic in the same situation
The Non-Emergency Patient Transport and First Aid Services Act 2003 (Vic) will say (when the changes made by the Non-Emergency Patient Transport Amendment Bill 2021 (Vic) come into force):
A person must not operate a first aid service unless that person holds a first aid service licence
A first aid service will be ‘a service of offering or providing first aid in exchange for payment’. First aid will mean ‘aid of a medical nature provided to a person experiencing sudden illness or injury’. A first aid service provider will need to apply for a licence. The Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021- Exposure Draft says that there will be three classes of services –
(a) basic first aid service;
(b) intermediate first aid service;
(c) advanced first aid service.
There are prescribed levels of experience for people who are to be employed by a first aid service provider, including standards for enrolled nurses, registered nurses, paramedics and medical practitioners.
An advanced first aid service will be
… a service that provides the first aid services to patients … who have—
(a) acute trauma injuries; or
(b) spinal injuries; or
(c) life-threatening injuries or illness; or
(d) life-threatening drug overdoses.
One might imagine that an ‘advanced first aid service’ will be staffed by registered health professionals.
What follows is that paramedics, nurses and doctors who are providing ‘a service of offering or providing aid of a medical nature provided to a person experiencing sudden illness or injury, in exchange for payment’ will need to hold a first aid licence.
There are exemptions from the need for a licence. Specifically the Act will provide that the following people are not providing a first aid service ‘an individual who provides first aid in the course of their work at a hospital, medical clinic or allied health service’ and ‘a medical clinic or allied health service’. A doctor staffing a clinic, or a local public hospital emergency department does not require a first aid licence if they are providing medical care to ‘a person experiencing sudden illness or injury’.
There could, no doubt, be disagreement over whether a medical practitioner is providing a first aid service or staffing a medical clinic that happens to be ‘on site’ of an event. Those matters will have to be determined by the Department and ultimately by a court. But given the regulations to give effect to the scheme are currently open for consultation, it is also open for those who think they may be affected by the new scheme to make submissions to clarify how to distinguish between a ‘medical clinic’ and a ‘first aid service’.
Conclusion
It is the clear intention that the new licensing scheme for first aid service providers will apply even where the clinicians are registered health professionals – doctors, nurses and paramedics.
Australian Emergency Law 
Thus a Taxi would be unable to transport a Walking Wounded to a Care Facility.
“Thus a Taxi would be unable to transport a Walking Wounded to a Care Facility.”
Well of course that is not true. First, even if one could make a semantic argument along those lines, one of the rules of statutory interpretation is the ‘mischeif rule’ ie what mischief is this rule trying to fix? The Act is about people holding themselves out and taking money to provide first aid services at events. That is nothing like what a taxi driver is doing.
Second, a taxi driver is providing a ‘commercial passenger vehicle service’ Commercial Passenger Vehicle Industry Act 2017 (Vic) that is ‘the carriage, for a fare or other consideration, of one or more passengers in a motor vehicle on a journey that begins in Victoria and ends at one or more destinations (whether in or outside Victoria)’. They are not offering to provide, and are not charging a fee to provide ‘aid of a medical nature provided to a person experiencing sudden illness or injury’. Driving a person from somewhere to hospital is not providing aid of a medical nature.
Finally the Bill (if passed, noting it still before parliament but expected to come into force in September 2021 – see https://www2.health.vic.gov.au/hospitals-and-health-services/patient-care/ambulance-and-nept/non-emergency-transport/nept-legislation and https://content.legislation.vic.gov.au/sites/default/files/2021-05/591089bi1z.pdf) will not apply to does say it does not apply to:
“an individual who encounters by chance a circumstance that appears to require the provision of first aid and who provides that first aid.”
If a taxi driver is called to a job and on arrival discovers the person is ‘walking wounded’, even if driving them to hospital was first aid, then they are still not providing a first aid service.
Of course in a post like this one cannot explore every nuance, particularly as there is not yet any law on the subject – there is a bill and exposure regulations but the law it finally comes into force may not be the same as changes may occur between now and then. Even if there was relevant law again one can answer a question but not deal with everything. The best way to understand what the law says is to read it, or in this context, to read the explanatory material available on the Department of Health’s website – https://www2.health.vic.gov.au/hospitals-and-health-services/patient-care/ambulance-and-nept/non-emergency-transport/nept-legislation
Good morning. I read this article as applicable to the state of Victoria. Do similar rules apply for other states?
Thank you.
These provisions are only in Victoria. I have not seen any suggestion that other jurisdictions intend to follow Victoria’s lead but who knows what they will do once they see of and how it works for Victoria?
Many thanks for your work, effort and dedication to this blog.
How will this impact a service such as VICSES and the volunteers performing road crash rescue for entrapped casualties? What is the likely requirement of a volunteer rescuers in the near future with these changes to first aid law?
This won’t have any impact upon the SES etc. Even if they do provide first aid they are not providing ‘a service of offering or providing first aid in exchange for payment’. First aid is not the essential service they are providing, it’s road crash rescue and they don’t charge for the service. This will have no application to SES type services.