The decision of the Court of Appeal in New South Wales, in Ambulance Service of NSW v Worley, gives insight into legal issues relating to the emergency services, and ambulance services in particular. This article considers the facts that gave rise to this litigation, why the trial judge found that the treating paramedic was negligent and why that decision was overturned by the NSW Court of Appeal. The paper then considers the legal principles that arise from this decision and their importance for ambulance services throughout Australia.
BCom, LLB(UNSW), BA(Hons) (UNE), LLM(N'castle), GradCertUnivTeach&Learn(CSU), MPET (Deakin). Legal Practitioner (NSW)
Michael Eburn is a Senior Lecturer at the School of Law, University of New England, Armidale NSW with a particular interest in the law governing the emergency services. He is the author of Emergency Law (2nd ed, 2005, The Federation Press) and other articles on emergency management.
Michael's CV can be seen at: http://www.une.edu.au/law/staff/meburn.php
Ambulance Service of NSW v Worley; further legal lessons for the emergency services.
Australasian Journal of Paramedicine, 5(2).
Retrieved from http://ro.ecu.edu.au/jephc/vol5/iss2/4