On 30 June 2026 I presented a webinar on the authorisation of paramedics to use scheduled drugs.  I discussed the legislation and the general scheme in the states and territories. I was asked ‘what about the Commonwealth – eg paramedics working for DFAT or defence?’  I promised to take that question ‘on notice’, so here is my answer.

The Australian Defence Force

The Australian Defence Force (ADF) is established by the Defence Act 1903 (Cth).  Critically s 123(1) says:

A member of the Defence Force is not bound by any law of a State or Territory:

(a) that would require the member to have permission (whether in the form of a licence or otherwise) to use or to have in his or her possession, or would require the member to register, a vehicle, vessel, animal, firearm or other thing belonging to the Commonwealth; or

(b) that would require the member to have permission (whether in the form of a licence or otherwise) to do anything in the course of his or her duties as a member of the Defence Force.

It follows that a paramedic employed by the ADF does not need an authority under any state legislation to carry or use drugs as part of his or her duties as a member of the ADF.  Even so, like state employees, their authority comes to them from their employer, the ADF.

Other Commonwealth agencies

It would be necessary to identify each agency that may want to employ a paramedic or someone else who is required to use or carry schedule drugs to see if they have a relevant authority under Commonwealth law. 

The Therapeutic Goods Act 1989 (Cth) s 19 provides for Commonwealth exemptions.  Section 19(5) authorises the secretary to authorise specified medical practitioners to supply therapeutic goods for the treatment of humans, and s 19(7A) allows the Minister to authorise any health practitioner. Interestingly the definition of ‘health practitioner’ in s 3 has not caught up with paramedic registration.  It lists the other registered health professions, but not paramedicine.

What follows is that to answer the question with respect to any agency other than the ADF one would need to look at the agencies establishment legislation to see if there is some provision equivalent to s 123 of the Defence Act.  If not, one would then need to see if there is a relevant exemption under the Therapeutic Goods Act or its regulation.  Failing that, then one would expect the state law to apply. I do note that state law, eg the Poisons and Therapeutic Goods Regulation 2008 (NSW) provides that an exemption under Commonwealth law has effect as an exemption under state law (see ss 10, 28, 37, 52 and 72).   If there was a conflict between a state and federal exemption one would expect the Federal exemption to apply (Australian Constitution, s 109). 

Conclusion

In short the situation in the Commonwealth would be the same as for the states. There are provisions to allow for Commonwealth approvals, just as there are state approvals so an employing agency would need to have a relevant exemption and no doubt that would allow them to authorise approved staff.  Where a commonwealth approval exists, one would expect state law to give recognise that exemption. 

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.