Thomas Mansell was employed by Ambulance Tasmania between 2005 and 21 April 2022.   Following his dismissal he did not renew his registration which lapsed on 30 November 2022 (Paramedicine Board of Australia v Mansell [2025] TASCAT 80, [9]-[10]).  Mr Mansell was referred to the Tasmania Civil and Administrative Tribunal (TasCAT) over one complaint that, on 14 February 2021, he refused to respond to a ‘Priority 0’ call.  The details are set out at [14]:

The allegation had the following particulars:

7.1          the Respondent’s rostered shift on 14 February 2021 concluded at 5:00pm.

7.2.         the Respondent was the only paramedic on shift in the Smithton area for the entirety of his rostered shift.

7.3.         the Respondent knew that the next paramedic working in Smithton did not commence his shift until 5:00pm.

7.4.         at approximately 2:48pm on 14 February 2021, the Respondent received a page notifying him of a Priority 0 emergency requiring his attendance (the P0 page), being a traffic accident at Trowutta Road, Smithton which was approximately a 15 minutes drive from the Branch Station (the incident).

7.5          a P0 classification is the highest priority an incident can be assigned, and is the classification assigned to immediately life-threatening emergencies.

7.6.         at the time the Respondent received the page, he was taking steps to leave Smithton (including signing in his drugs) with a view to travel from Smithton to Devonport, with the intention of arriving in Devonport by the end of his rostered shift at 5:00pm.

7.7.         after receiving the P0 page, at approximately 2:52 pm, the Respondent contacted the Ambulance Tasmania State Operations Centre (SOC), and advised first Emergency Medical Dispatcher FM, and then Acting Duty Manager ZM, that he would not be attending the incident.

7.8.         after speaking with the SOC, the Respondent called Acting Duty Manager (North West), EH to discuss his refusal to attend the incident.

7.9.         EH told the Respondent that the patient was a confirmed fatality on impact, but that she could not discuss the matter further because she was on her way to the incident which was approximately a 50 minute to an hour drive from her location.

At the time he indicated his refusal to attend, Mr Mansell did not know that the patient was in fact deceased (see [20]).

The issue in fact arose as part of an industrial dispute (see [19]).  Ambulance Tasmania had advised that it ‘would not be paying travel allowances that did not comply with the relevant awards’.  In response the Health & Community Services Union advised members that if they were required to work at a station away from their ‘home’ station they should sign on at their ‘home’ station at the rostered start of the shift and make their way their alternative station on Ambulance Tasmania’s time; and that they should leave the ‘other’ station in time to travel home and sign off at the rostered end of their shift.  Mr Mansell ‘was ordinarily employed as a paramedic, working out of the Devonport Branch Station (Devonport). However, on 14 February 2021 he was performing duties as a Branch Station Officer out of the Smithton Branch Station (Smithton)’ so was attempting to leave Smithton to travel to Devenport to sign off at 5pm at Devenport.

The question for the Tribunal was whether Mr Mansell’s conduct constituted ‘professional misconduct’.  Senior Member Winter said (at [24]-[26]):

The evidence contained within the material before the Tribunal and relied upon by the Board satisfies me to the requisite standard that the allegation against the respondent does constitute professional misconduct.

When he indicated that although he had received the P0 page notifying him of the priority 0 emergency requiring his attendance at 2:48 pm on 14 February, the respondent’s actions in advising at 2:52 pm that he was finishing his work at Smithton and returning to Devonport and would not be attending this incident, was a clear transgression of his professional responsibility, noting that his rostered shift at Smithton was to conclude at 5:00 pm.

At this time the respondent’s professional behaviour was subject to the retired Code and it is clear that his conduct constitutes a breach of the… [Code of Conduct then in force]…

Although the incident basing the P0 call involved only one person and was confirmed as a fatality on impact, it is clear that the respondent was not aware that this person was a confirmed fatality on impact at the time he refused to attend the incident at 2:52 pm, which he did not attend.

Outcome

Mr Mansell was dismissed from Ambulance Tasmania because of his refusal to attend and is no longer registered as a paramedic ([9]-[10]). Even so TasACT took the view that a reprimand was required.  At [29] Senior Member Winter said:

As was stated in [Nursing and Midwifery Board of Australia v] Easdon [(Review and Regulation) [2024] VCAT 321] at 106:

Any form of official censure is of consequence.  A reprimand should not be considered a “slap over the wrist”: it puts the public and the relevant profession on notice that the practitioner has failed to meet the standards of the profession and a means by which the Tribunal admonishes the practitioner for their proven conduct.

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.