Today’s correspondent has:

… a friend who’s thinking of starting a dirt bike track, and he knows I have a Diploma of Emergency Health Care, as well as a Cert II in Medical Service First Response.

He wants to hire me as an on-site medic, however I’m unsure about the legality of it, and I’m wondering what my scope would be, operating as an individual without a business with a medical director. What about insurance?

The answer to this question depends on 1) how the arrangement is to be structured and 2) the state or territory involved.

First is my correspondent going to a) set up a business and enter a contract with their ‘friend’ to provide these services or will they b) be employed by their friend.

If they are going to set up a business, then:

  • For a fee NSW Ambulance and Ambulance Tasmania will come and provide emergency medical services at the dirt bike track so my correspondent would be providing services similar to those provided by NSW Ambulance or Ambulance Tasmania. Accordingly, the permission of the secretary of health (Health Services Act 1997 (NSW) s 67E) or the Commissioner of Ambulance Services (Ambulance Services Act 1982 (Tas) s 37) would be required.
  • In Victoria my correspondent would need a licence under the Non-Emergency Patient Transport and First Aid Services Act 2003 (Vic).  They could not use the term ‘ambulance’ in any business name or imply any connection with Ambulance Victoria (Ambulance Services Act 1986 (Vic) s 39).
  • In the ACT they would need the approval of the Minister (Emergencies Act 2004 (ACT) s 61).
  • In Queensland they could provide on-site services but would have to ensure that they do not provide ambulance transport without the permission of the Minister, nor could they use the words ‘Ambulance Service’ in any business name or title (Ambulance Service Act 1991 (Qld) ss 43 and 48).
  • In South Australia they would have to ensure that their business is not ‘set up to provide medical attention to save or maintain a person’s life or alleviate suffering while transporting the person to a hospital’ that is they could provide on-site services but they could not use an ambulance to transport the patient ‘to a hospital or other place to receive medical treatment’. (Health Care Act 2008 (NSW) ss 3 and 57; emphasis added). 
  • In Western Australia and the Northern Territory, they can set up their business as they see fit.

A person conducting a business or undertaking (PCBU), such as a commercial dirt bike track, has an obligation to ensure that emergency and first aid facilities are available (Model Work Health and Safety Regulations ss 42 and 43).   To do that the PCBU could employ a person to provide those first aid services.  As an employee the permissions listed, above, would not be required.

As for scope of practice, my correspondent could do whatever he or she is trained to do save that without an approval under state drugs legislation, or a licence under the Non-Emergency Patient Transport and First Aid Services Act 2003 (Vic) they could not possess, use or administer scheduled drugs (see for example Putting an asthma puffer or epipen in your first aid kit (November 10, 2024)).

A medical director is not required – see The need for a medical director in an ambulance service (May 4, 2013) – unless it is required as a condition for a drugs authority.

As for insurance again that depends upon how the service is delivered.  One would need to speak to an insurance broker about what insurance is available and what risks it would cover.  If the plan is to be an employee then it will be up to the employer to ensure that they have adequate insurance coverage for their proposed track.

Conclusion

As discussed, the answers to these issues depend on how the service is to be delivered and in what state or territory.

This blog is made possible with generous financial support from (in alphabetical order) the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), the Australian Paramedics Association (Qld), 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.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.