Today’s question is:

Out of interest is TfNSW [Transport for New South Wales] Traffic Emergency Patrollers, TMC Transport Commander and Rail Commander considered emergency workers under SERM Act or under their own respective legislation as I understand they all operate an emergency vehicle respectively but unsure if they are considered emergency workers or just workers of TfNSW.

I infer ‘TMC Transport Commander’ is a Traffic Management Centre Transport Commander and Rail Commander is ‘.. an Incident Rail Commander … [who] provides onsite incident management for rail incidents within the Sydney Trains and NSW Trains networks’ (https://work180.com/en-au/for-women/employer/transport-for-nsw/job/250008/incident-rail-commander).

The concept of ‘emergency worker’ arises in different legislation for different reasons.  Under the State Emergency and Rescue Management Act 1989 (NSW) (‘the SERM Act’) s 3 an ‘emergency service organisation’ is:

(a) Ambulance Service of NSW,

(b) Fire and Rescue NSW,

(c) a fire brigade within the meaning of the Fire and Rescue NSW Act 1989,

(d) NSW Police Force,

(e) NSW Rural Fire Service,

(f) State Emergency Service,

(g) Surf Life Saving New South Wales,

(h) VRA Rescue NSW Limited,

(i) Volunteer Marine Rescue NSW,

(j) an agency that manages or controls an accredited rescue unit,

(k) a non-government agency that is prescribed by the regulations for the purposes of this definition.

There is a Sydney Rail Emergency Response Unit but is probably not a fire brigade as defined in the Fire and Rescue NSW Act 1989 (NSW) s 3 that is it is neither a ‘a permanent fire brigade or a retained fire brigade’ established under that Act in which case subparagraph (c) does not apply.  Neither Transport for NSW nor the various rail entities are listed as agencies that provide an accredited rescue unit, so subparagraph (j) does not apply.  TfNSW and the various rail authorities are not ‘non-government agencies’ so sub-paragraph (k) won’t apply.

It follows that none of the organisations identified in the question are an ‘‘emergency service organisation’ for the purposes of the SERM Act.

For the purposes of the Road Rules 2014 (NSW) a vehicle is an emergency vehicle if it is being driven by an emergency worker as part of the response to an emergency (Road Rules 2014 (NSW), Dictionary, definition of ‘emergency vehicle’).   An emergency worker includes ‘a member of a fire or rescue service operated by a NSW Government agency’ (Road Rules 2014 (NSW), Dictionary, definition of ‘emergency worker’ sub-paragraph (b)). and that would include the Sydney Rail Emergency Response Unit.  The list also includes ‘a person (or a person belonging to a class of persons) approved by Transport for NSW’ (Road Rules 2014 (NSW), Dictionary, definition of ‘emergency worker’ sub-paragraph (c)).  Whilst I cannot identify everyone (or in fact anyone) in that list, it would stand to reason that TfNSW has approved its own Emergency Patrollers and TMC Transport Commanders as ‘emergency workers’. 

Vehicles used by TfNSW may be fitted with flashing lights (Road Transport (Vehicle Registration) Regulation 2017 (NSW) Sch 2, cl 114(4)(n)).  A ‘vehicle used by a Traffic Commander or Traffic Emergency Patroller (appointed or employed by Transport for NSW)’ is to be fitted with ‘a blue or red light’ (cl 114(7)(a)). A ‘vehicle used by Transport for NSW or the National Heavy Vehicle Regulator … for the purposes of enforcing excess weight limits legislation [is to be fitted with] a crimson or magenta light’ (cl 114(7)(c)).

The position of a Rail Incident Commander is not so clear as they are not specifically mentioned in the legislation, but they will be an emergency worker for the purposes of the Road Rules if TfNSW has approved them for those purposes (Road Rules 2014 (NSW), Dictionary, definition of ‘emergency worker’ sub-paragraph (c)). And their vehicles may be fitted with flashing lights of any colour approved by TfNSW (Road Transport (Vehicle Registration) Regulation 2017 (NSW) Sch 2, cl 114(4)(q) and 114(7)(e)). 

Conclusion

The question I was asked was:

Out of interest is TfNSW [Transport for New South Wales] Traffic Emergency Patrollers, TMC Transport Commander and Rail Commander considered emergency workers under SERM Act or under their own respective legislation as I understand they all operate an emergency vehicle respectively but unsure if they are considered emergency workers or just workers of TfNSW.

I’m not sure of the context of the question or why it is important.  TfNSW and the various rail organisations are not ‘emergency service organisations’ under the SERM Act.  There is no definition of ‘emergency worker’ under that Act and the term does not appear in the Act.

Traffic Emergency Patrollers and Transport Commanders are probably emergency workers for the purposes of the Road Rules 2014 as no doubt TfNSW has approved them for that purposes.  Their vehicles may be fitted with red/blue flashing lights.  If approved by TfNSW, a rail commander will also be an ‘emergency worker’ and their vehicle may also be fitted with red/blue flashing lights. 

For related posts see:

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.