Today’s question is about licensing under the Non-Emergency Patient Transport and First Aid Services Act 2003 (Vic).  My correspondent says:

The First Aid Services legislation and regulations came into effect in 2021 in Victoria. At the time, I was working in the first aid services industry with Sports Medicine Australia (SMA). SMA pushed back heavily against the need for registration as they undertake Sports Trainer work and argued working as a sports trainer did not equate to working as a first aid service. The role scope as a sports trainer is to provide first aid support, taping, massage, hydration, and advice for treatment of injuries – which I’d argue would be more than just a first aid service.

I was wondering how providing Sports Training Services as a private business to schools, community sporting organisations, and state-based sports organisations can be seen as an exemption to obtaining a licence? I don’t see how they fall under 42H Persons who do not operate first aid services. They still are paid employee of a dedicated organisation with a first aid kit there to provide a medical service to players.

Sports Medicine Australia

Sports Medicine Australia describes itself (at https://sma.org.au/about-sma/) as ‘the peak multidisciplinary body for sports medicine, sports science and physical activity in Australia.’   They don’t appear to have a policy or position statement on the need for licences under the Victorian legislation.  I only have my correspondent’s comment about the SMA position and I don’t want to suggest what is or is not their position or why they have adopted the position.  

It is also not clear what they mean by ‘sport medicine’. They offer a number of courses including first aid but also ‘sports trainer’ courses (https://sma.org.au/course-search/). The Level 1 course (https://sma.org.au/safer-sport-courses/level-1-sports-trainer/):

… is designed to introduce participants to the basic knowledge and skills required by a Sports Trainer. These skills include the management of specific sporting injuries, sports taping and transporting an injured athlete. This course educates prospective Sports Trainers, teachers, coaches, administrators and parents on the basic principles of sports medicine.

A pre-requisite for that course is both first aid and advanced resuscitation.

According to SMA (https://sma.org.au/resources/sports-trainer-code-of-ethics/) (emphasis added)

The primary role and responsibilities of SMA Sports Trainers are as follows:

• Apply his or her knowledge and skills to help make sport and recreation safer. This is achieved by implementing appropriate injury prevention regimes; applying appropriate initial injury management procedures; and referring injuries as necessary, to a more qualified health professional for further advice and management;

There is nothing on the website to suggest SMA offers any of these services. It is a peak or representative body but not an actual service provider.  But what of its members?

Non-Emergency Patient Transport and First Aid Services Act 2003 (Vic)

For the purposes of the Non-Emergency Patient Transport and First Aid Services Act 2003 (Vic), ‘first aid’ means ‘means aid of a medical nature provided to a person experiencing sudden illness or injury’ and a first aid service is ‘a service of offering or providing first aid in exchange for payment’ (s 3).  It is an offence to operate a first aid service without a licence (s 42I).  The following do not provide a first aid service and therefore do not need a licence (s 42H):

(a) a volunteer first aid association, including any individual who provides first aid as part of that volunteer first aid association;

(b) a life saving club, including any individual who provides first aid as part of that life saving club;

(c) Life Saving Victoria;

(d) an individual who is employed by an organisation to provide first aid to persons employed or engaged by that organisation in the course of the business carried on by the organisation;

Example

A person who is employed by a mine operator to provide first aid to staff of that mine operator.

(e) an individual who provides first aid in the course of their work at a hospital, medical clinic or allied health service;

(f) a medical clinic or allied health service;

(g) an individual who encounters by chance a circumstance that appears to require the provision of first aid and who provides that first aid.

A ‘volunteer first aid association’ (mentioned in (a), above) is

… a group of individuals working together for one or more community purposes that—

(a) offers or provides first aid in the course of its work; and

(b) does not charge or expect payment or financial reward for the offer or provision of first aid in any circumstances.

An organisation that provides first aid, or sports training services, for a fee is not a ‘volunteer first aid association’.

A medical clinic (paragraph (f), above) is ‘premises at which clinical consultation is undertaken, other than a hospital or a day procedure centre that is registered as a health service establishment under the Health Services Act 1988’ (s 3).

Discussion

Does a sports trainer need a licence? It really depends on the service they provide. 

A sports trainer who is employed by a club to provide services only to players for that club would probably not need a licence as they are not providing a first aid service (s 42H(d), above).

An organisation that provides pre-training assessment, and ‘appropriate injury prevention regimes’, or that provides after injury care is not providing ‘first aid’.  But if, as part of their service, they provide ‘aid of a medical nature provided to a person experiencing sudden illness or injury’ (emphasis added), which I suggest is what is meant by ‘applying appropriate initial injury management procedures’ then they are providing first aid, and if they are doing so for a fee then they are providing a first aid service and need a licence in Victoria.  This is to ensure that anyone who seeks to use their services can be satisfied that they have appropriate training and quality assurance procedures in place to practice to their skill level whether that is basic, intermediate or advanced first aid (Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021(Vic) rr 5-7).

Conclusion

From what I can see SMA do not provide sports medicine services. They are a peak body for those that do.   For those that do provide sports medicine services, calling it ‘sports medicine’ does not mean it is not first aid. If a sports trainer is providing ‘aid of a medical nature provided to a person experiencing sudden illness or injury’ and are doing so for a fee, then they are a first aid service provider (even if they also provide services that are not first aid) and, in my view, would require a licence under the Victorian legislation.

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.