Today’s correspondent asks:
I’m working at a mine in NSW as an emergency services officer I’m wondering if I completed this nationally accredited training would I then be able to use those skills in NSW?
Link attached to the training. https://www.firstresponseaustralia.com.au/courses/cyanide-poisoning-management
The law does not define anyone’s scope of practice other than with respect to the use of scheduled drugs. There is no law to say who can ‘Undertake intravenous cannulation and fluid therapy’, ‘Undertake intraosseous vascular access’ or ‘Undertake emergency medical airway management techniques’. Scope of practice is defined by your training, your own assessment of your competence and, if you have one, your employer. You are also bound by the Code of Conduct for Unregistered Health Practitioners – Public Health Regulation 2022 (NSW) Sch 3. That Code says, amongst other things:
(1) A health practitioner must provide health services in a safe and ethical way.
(2) Without limiting subsection (1), a health practitioner must comply with the following principles—
(a) a health practitioner must maintain the necessary competence in the practitioner’s field of practice,
(b) a health practitioner must practise in accordance with accepted professional standards,
(c) a health practitioner must not provide health care of a type that is outside the practitioner’s experience or training,
(d) a health practitioner must not provide services that the practitioner is not qualified to provide,
…
You comply with that if you have completed the training and are competent to provide it and provide it in a competent manner, and see Revised Code of Conduct for non-registered health practitioners in NSW (September 23, 2022).
The law as is so often, is reactive ie it only gets involved after the event. If you attempt to use these skills, and use them badly, then you may be sued for any damage caused. Further a failure to comply with the Code of Conduct, above, can you see you subject to disciplinary action by the NSW Health Care Complaints Commission – see Unregistered health practitioner with inadequate provision for first aid (December 21, 2024)).
It would be up to your employer to decide whether they would endorse the use of those skills at their workplace noting of course that I have said many times, if you have skills, and you have the equipment, and you have a patient who needs the treatment to save their life, you would be expected to act rather than honour an employer’s statement that ‘we don’t do that here’. If you’re not willing to use the skills because your employer has told you not to, then don’t have the kit with you.
Conclusion
If you complete the training, there is nothing in law to stop you using the skills unless they require the use of scheduled drugs.
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.