The Automated External Defibrillators (Public Access) Act 2022 (SA) came into effect on 1 January 2025. From that date it is compulsory for defibrillators to be installed into designated or prescribed buildings and emergency service vehicles.
I have in other posts noted that there is nothing in the Act to require these defibrillators to be available to the public and the Act suggests that even vehicles like firefighting helicopters have to be fitted with an AED (see Public access defibrillation laws in NSW and Victoria (December 20, 2024)). In South Australia many of these issues have been dealt with by regulations which are written to add ‘meat’ to the ‘bones’ of the Act.
The Automated External Defibrillators (Public Access) Regulations 2024 (SA) also came into force on 1 January. The regulations (r 4) expands the definition of ‘public building or facility’ to include a ‘place of worship’. On the other hand it limits the definition of ‘public building or facility’ by excluding a carpark from the definition.
The Act does not apply a hospital or medical facility (r 9(1)) provided
(a) a medical practitioner, a registered nurse or a paramedic is on site at the hospital or facility at all times during the opening hours of the hospital or facility; [and]
(b) a defibrillator is available at the hospital or facility for use by staff of the hospital or facility.
In other words, where r 9(1) applies there does not need to be a publicly accessible or automated defibrillator if the medical staff have access to a defibrillator. A residential aged care facility is not to be considered a ‘medical facility’ (r 9(2)). This means that the Act continues to apply to that facility even if the conditions in r 9(1) are met and so they must install the prescribed number of AEDs.
AEDs must be installed according to the floor space of the relevant buildings but there are maximum numbers of AEDs required. For example ‘in the case of a building or facility with a publicly accessible floor area of or exceeding 12 000 m² but less than 37 000 m²’ no more than 10 AEDs are required. In ‘the case of a building or facility with a publicly accessible floor area of or exceeding 130 000 m²’ no more than 30 AEDs are required (r 10).
Prescribed vehicles
The Act requires AEDs to be installed on emergency services vehicles (which includes aircraft) and public transport vehicles including trains (s 8). The regulations (r 12) exempt ‘aircraft used for the purposes of firefighting’ and ‘trains that carry freight but no passengers’.
Public access
Regulation 13 deals with public access. It says that an AED installed in a building or facility ‘must be accessible to the public’. Further, it
… must not be installed in a cabinet, container or other structure in a manner that prevents immediate access to the Automated External Defibrillator in an emergency (such as a cabinet, container or other structure that requires a key or access code to be opened).
An AED is accessible to the public even if members of the public have to ask to access it (r 13(2)). The obligation to make the AED publicly accessible does not apply to a residential aged care facility (r 13(3)).
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.
Australian Emergency Law 
I received this by direct message:
I won’t attempt to answer the question ‘How effective …?’ but I can confirm that the Act does not impose any obligation upon SAAS. The Act (s 8) says that an AED must be fitted to a vehicle operated by the emergency services, as well as a train, tram, public bus or other vehicle listed in the regulations. The emergency services are (s 3) the South Australian Country Fire Service, the South Australian Metropolitan Fire Service the South Australian State Emergency Service and any organisation prescribed by the regulations. The Ambulance Service is not listed in s 3 as an emergency services organisation nor is it prescribed as an emergency service in the regulations. It follows that my correspondent is correct and there is no obligation under this Act for the SAAS to install AEDs in any of its vehicles though it stands to reason that they will as they are basic kit for any paramedic and ambulance services across Australia put defibrillators in their vehicles without a legislated requirement to do so.