Today’s correspondent, from Victoria, has:

…  a question in regards to liability and insurance and other related matters that I may be unaware of, in regards to providing first aid in a sporting/ event context in Victoria.

As a student paramedic involved in the sporting community how much how much first aid if any are you allowed to provide if any if asked to perform the role of the designated first aider at a sporting event. Particularly given that as a student you have no scope of practice beyond whatever incidental training or low-level certificates you may have (e.g. HLTAID00 etc). Following from this if you are offered money for that service are firstly able to accept it given you are no longer a volunteer, are you able to refuse it stating you are a volunteer (in a pre and post event context). Is any of this legal and allowed and at what point does it leave you liable. 

As I’ve noted before, the law does not define scope of practice except when it comes to the use of drugs and some procedures that can only be carried out by certain health professionals, but they are not relevant here (see Health Practitioner Regulation National Law Act 2009 (Vic) Schedule, ss 121-123). 

Being a student paramedic may therefore add a little, or a lot, to one’s skill set. It depends on where they are in their degree so being half-way through a student’s first semester probably adds little, but being half-way through their final placement in their final semester and the degree has (hopefully) added a lot. There may be not much more than you can do but at the end of the degree one hopes a student has more experience than most in taking a history, examining a person and being able to consider what the implications of their observations are as well as what are the implications of various treatment options.  

Further, a student paramedic’s skill set will be defined by what other training they have done which may be no more than a first aid certificate to level 2 sports trainer (https://sma.org.au/safer-sport-courses/level-2-sports-trainer/) a Diploma of Emergency Health Care or any other of an infinite options.  

So, the first question that has to be asked is exactly what are you being asked to do? If you are playing in a team in the lunchtime touch football competition and the coach says ‘I’ll bring the first aid kit, but if someone gets hurt are you willing to help?’ then saying ‘yes’ is no problem and one would expect anyone on the team to help an injured team mate or competitor.  And you bring to the task what you bring.  

If on the other hand the request is ‘we’re hosting the national championships, we’ll have competitors at the highest level from across the country competing for three days, will you take responsibility for the provision of first aid?’ then that is a very different matter.  Clinical skills may be less important here than being able to do an effective risk assessment, identifying what level of care might be required, where to locate treatment facilities, how to get sufficient people and equipment on-site, planning for both routine and mass-casualty events etc.  Skills that a degree in paramedicine probably don’t deliver.  One must also consider the Non-Emergency Patient Transport and First Aid Services Act 2003 (Vic) s 46 ‘Planning for provision of first aid services at an event’, which is discussed below.

The first thing, therefore, that a person in my correspondent’s position has to do is identify exactly what they are being asked to do and consider whether they are  capable of meeting the request competently.   The essence of the code of conduct for both paramedics and General Health Services (see Health Complaints Act 2016 (Vic) sch 2) is that practitioners will act within their experience, training and competence.  So don’t take on more than you can handle. 

A student paramedic should also note that they can be subject to disciplinary action for things that occurs before they are registered (Health Practitioner Regulation National Law (Vic) s 138(1)(b)).  One ground for discipline may be that by their conduct they placed ‘the public at risk of harm by practising the profession in a way that constitutes a significant departure from accepted professional standards’ (s 140(d)). A student is not a registered practitioner but if they take on a task and then perform it so badly that a practitioner would identify both that they should have been more skilled and more importantly, that they should have recognised their own limitations, then it may have a career limiting implication.  Of course if they take on a task and perform it competently, all well and good. 

Given the question is from Victoria, one also needs to consider the Non-Emergency Patient Transport and First Aid Services Act 2003 (Vic). That Act says (s 42I) ‘A person must not operate a first aid service unless that person holds a first aid service licence’. That begs the question of ‘what is a first aid service?’ Section 3 says:

“first aid” means aid of a medical nature provided to a person experiencing sudden illness or injury;

and

“first aid service” means a service of offering or providing first aid in exchange for payment.

If my correspondent is not getting paid, then it is not an issue.  Further s 42H says a person who ‘who encounters by chance a circumstance that appears to require the provision of first aid and who provides that first aid’ is not providing a first aid service.  That would, in my opinion, include the circumstances where my correspondent is playing the game but stops to assist an injured fellow player even if the team had confirmed beforehand that he or she was willing to do that.  

Further if the request is within my correspondent’s skill set and he or she is a volunteer with their sporting team, then they are not providing a first aid service. In the event of any liability, providing they are acting in the terms of their volunteer agreement, then any liability will fall to the sporting association rather than the individual (Wrongs Act 1958 (Vic) s 37).

If they accept money to be the first aid officer then prima facie they are offering a first aid service and prima facie that is illegal without a licence.  Before we come to that conclusion however, we need to consider s 42H ‘Persons who do not operate first aid services’. That section says:

For the purposes of this Act, the following persons do not operate a first aid service— … (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.

Whether being ‘offered money’ brings you under the Act therefore depends on the nature of the offer.  A payment of an amount to cover reasonable expenses may not stop a person being a volunteer, so a payment per km if you have to drive to the sporting event and getting reimbursed for any equipment used. 

If the person is employed by the sporting organisation to provide first aid, that is there is a contract of employment and the employer/sporting organisation pays the appropriate hourly rate, pays required tax and superannuation etc, then that would fall within s 42H(d).  Further, in that case, any liability would fall to the employer under the doctrine of vicarious liability.

If you ae being paid a sum that is not based on actual expenses (and see where this caused problems in the UK UK – Coastguard Rescue Officers are ‘workers’, not volunteers (July 6, 2026)), and even more if they render an invoice for their services with an ABN, then they are conducting a business and that is unlawful without the appropriate licence. Any liability would be personal and they would need to have in place relevant insurance.

The purpose of the Non-Emergency Patient Transport and First Aid Services Act is to ensure that people offering first aid services have the necessary skills and that people who may not know what they need can engage with people who, by virtue of having been licensed, are assumed to be able to give relevant advice. In particular r 46 requires that a first aid provider must have 

• …a clear description of—
• the event; and
• the anticipated health risks of the event; and
• circumstances in which a 000 telephone call may be required; and
• ensure that the first aid service can meet the first aid needs for the event.

No doubt it will often be the case that the first aid provider, not the event organiser who will identify the ‘anticipated health risks’. 

The sporting organisation really needs to consider whether asking a participant/student paramedic to be available if required is enough.  And someone in my correspondent’s position has to seriously consider what they are being asked to do and what are the ‘anticipated health risks’.  They need to consider whether they are part of a sporting community to play sport or to render first aid.  If it’s the later perhaps consider joining a first aid provider either as an employee or volunteer.  If it’s the former will being the first aider detract from your ability to play sport and do your own risk assessment? What sort of injuries are likely, what are the consequences?  That in turn requires an assessment of what sort of sport, at what level of competition are we talking about?  As I say taking a first aid kit to a lunch time touch football game, or your child’s netball game is not a problem. Being the first aider at the state championships of whatever sport requires a very different response and you would want the organisers to engage a licensed first aid provider. 

Conclusion

As a student paramedic you can provide first aid to the extent of your training and competence.  Being a trainee paramedic probably adds little to whatever skill set is, but it will certainly add something. Perhaps what it adds is not only extra knowledge but extra insight into what you don’t know and the limits of what you can do.  Don’t take on a task beyond your skill set and competence, and don’t do it for money other than as an employee. If you really want to do sports first aid, qualify as a sports trainer or join a licensed first aid provider. But of course, if you’re playing sport and another player is injured, step up and render assistance. 

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.