Today I respond to a question with a ‘Goldilocks’ answer! The question relates to the:

…  newly established VRA State Rescue Group – Metro Squad; I recently expressed my interest in joining as a current GLR operator for another Volunteer Rescue agency as I would be moving to Sydney full time in the near future away from my regional unit. My issue is the following: after an information session, they informed me that the unit itself is not SRB accredited and that it is a unit that provides ‘surge’ capacity to their regional squads backfilling accredited stations. Now my issue is when I reread the SERM Act 1989 (NSW) after initially reading it going through my rescue course in the past, and I came across Part 3 Division 4 Section 53(2) today stating:

A rescue unit is required to be accredited even though—

(a)  it is a unit of the NSW Police Force, Fire and Rescue NSW, the Ambulance Service of NSW, the State Emergency Service, the NSW Rural Fire Service or any other government agency, or

(b)  it is a unit of a volunteer agency, or

(b1)  it is a unit comprised of persons from one or more emergency services organisations or other agencies, or

(c)  it carries out, in addition to operations for the rescue of persons, other operations such as the rescue of animals or the recovery of property.

I wanted to know whether you believe prospective volunteers would be at legal risk by joining this squad to conduct rescue operations as it is not an accredited unit but will be backfilling accredited units elsewhere. As when operating other unit vehicles are they at risk of legal repercussions as per the following section of the SERM Act?

(1A)  It is an offence for a person who is not a member of a rescue unit accredited under this Division to display, drive or operate a rescue vehicle.

Maximum penalty—50 penalty units.

My first answer to the question is ‘no, prospective volunteers would not be at legal risk by joining this squad or driving a rescue squad vehicle’ but that answer it too short.

My second answer is: NSW has extensive regulation of rescue set out in the State Emergency and Rescue Management Act 1989 (NSW) (the SERM Act).  The Act establishes the State Rescue Board which, amongst other things, is to make recommendations to the Minister regarding the accreditation of rescue units (s 48(h)). A rescue unit is ‘a unit (comprising a group of persons) which carries out rescue operations for the protection of the public or a section of the public’ (s 52). It is an offence to establish, manage or control ‘a rescue unit which is not accredited’ (s 53(1)). 

A organisation that operates a rescue unit (relevant to this question, the Volunteer Rescue Association or VRA) ‘is required to maintain a register of the personnel who comprise the unit’.  The register must be updated every 6 months (s 57).

Accredited rescue units are operated by Fire and Rescue NSW, Marine Rescue NSW, NSW Rural Fire Service, NSW State Emergency Service, NSW Volunteer Rescue Association, NSW Ambulance and NSW Police Force (see https://www.nsw.gov.au/emergency/rescue-and-emergency-management/state-rescue-policy/state-rescue-board-accredited-rescue-units).

With respect to the Metropolitan State Rescue Group, a press release dated 2 February says (emphasis added):

The new VRA Rescue NSW – SRG Metropolitan Squad will provide highly-trained and skilled operators ready to back-fill and support regional squads, and other emergency service organisations, during peak emergency operational periods to ensure continuity of service and capability…

The Squad will offer training across all facets across the rescue portfolio, including: General Land Rescue, Road Crash Rescue, Flood Rescue, Search and Rescue, Remote Piloted Aircraft Services, Search Dog Handling as well as an array of non-field roles.

Members from other agencies and all walks of life are encouraged to apply. They will have the opportunity to create their own volunteer career pathway with VRA Rescue NSW and stand up and deploy to regions at times that also suit their work and lifestyle.

Reading between the lines, and accepting my correspondent’s report that the ‘unit itself is not SRB accredited and that it is a unit that provides ‘surge’ capacity to their Regional squads backfilling accredited stations’ one can infer that it is not a rescue unit.  To repeat the definition, a rescue unit is ‘a unit (comprising a group of persons) which carries out rescue operations for the protection of the public or a section of the public’ (s 52; emphasis added).  This unit, I infer, provides rescue training but will not carry out rescue operations in its own right. This makes sense given that Fire and Rescue will be the primary rescue service throughout most of metropolitan Sydney (excluding marine and flood rescue where that is provided by Marine Rescue NSW and the SES, and some areas covered by NSW Police).  If the unit does not actually carry out rescue operations, it is not a rescue unit.

Organisations must however have the capacity to fill gaps and provide surge capacity. FRNSW for example constantly move people around to ensure that they have the capacity to meet community needs (see Fire Rescue NSW and taking appliances ‘off line’ (April 5, 2022)).  Those firefighters must be able to perform both fire fighting and where relevant rescue duties even if they are not normally assigned to that accredited rescue brigade.

With respect to driving my correspondent has quoted s 53(1A) which makes it an offence for a person who is not a member of a rescue squad, to operate a rescue vehicle. I think if there was ever an issue a court would accept that the members were members of the relevant rescue unit for the period that they were working for that squad. If, for example members of the VRA Rescue NSW – SRG Metropolitan Squad, were tasked to back fill a temporary shortage in an accredited VRA rescue squad then during that time they were members of that squad. The VRA could put that beyond doubt by notifying the SRB, in their six-monthly update, of the time the members were part of that squad.

But that answer is too long.

My third answer is that my correspondent has quoted s 53(1A) but there is also s 53(1B) which says:

(1B) It is a defence to any proceeding under subsection (1A) if the person who contravened the subsection had a reasonable excuse or lawful authority for displaying, driving or operating the rescue vehicle.

This section would protect a mechanic who was driving a rescue vehicle for the purpose of repairing it or testing it.  It would also protect a member of the Metropolitan Squad who was driving the vehicle as part of their duties with the VRA that operates the squad.

I think that answer is ‘just right’.

Conclusion

There is no legal risk in joining the VRA Rescue NSW – SRG Metropolitan Squad.  That squad is a training squad, not a rescue unit. There is no offence in providing training to people in a squad that does not carry out rescue operations.

When the members are ‘stood up’ as part of a surge capacity or to backfill when an accredited unit is short of members (perhaps members are on holidays or need to be taken off line for training) then those members become members of that unit, and that could be confirmed by the VRA reporting that staff movement to the State Rescue Board.  When it comes to driving a rescue vehicle, those members would have a ‘reasonable excuse’ and the ‘lawful authority’ from the VRA.

 This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.