Frequently Asked Questions
To put it simply, subject to limited exceptions, a person responding to a medical emergency and acting appropriately and in good faith is free from civil liability prosecution.
First Responders are covered by the Western Australian Civil Liability Act 2002. The Act was amended in 2003 to include Part 1D which provides legal coverage for Good Samaritans. A Good Samaritan is defined as “a natural person who, acting without expectation of payment or other consideration, comes to the aid of a person who is apparently in need of emergency assistance”. Emergency assistance is defined as “emergency medical assistance or any other form of assistance to a person whose life or safety is endangered in a situation of emergency”.
A First Responder as a Good Samaritan does not incur civil liability where “an act or omission done or made by the Good Samaritan at the scene of an emergency is in good faith and without recklessness in assisting a person in apparent need of emergency assistance”.
By section 5AD(3), the protection given to Good Samaritans “does not affect the vicarious liability of any person for the acts or omissions or advice of the Good Samaritan or medically qualified good Samaritan”. Vicarious liability only arises in very limited circumstances. One is when an employee, acting in the course of their employment commits a tort (for example is negligent). The employer would then be liable for the employee’s negligence. If the employee is not acting within the course of their employment (for example if it is not part of their job description to provide First Responder services, and they are released from their employment to perform their volunteer First Responder services) then the employer will not be vicariously liable for any negligence of the good Samaritan/employee.
If the employer is providing First Responder as part of its OSH obligations then the employer could be liable if those services were not properly provided.
The exceptions when a First Responder may be liable for his or her negligent acts or omissions are:
- “personal injury was caused by an unlawful intentional act that is done with an intention to cause personal injury to a person, whether or not a particular person”
- “The ability of the Good Samaritan or medically qualified Good Samaritan to exercise reasonable care and skill, at the relevant time, was significantly impaired by reason of the Good Samaritan or medically qualified Good Samaritan being intoxicated by alcohol or a drug or other substance capable of intoxicating a person and the intoxication was self-induced”.
The CFRS is designed for organisations, businesses and communities to implement at their locations. The CFRS is based on the 'fire extinguisher model', where there are AED's at static locations, for example - shops, offices, recreation centres, airports etc. This way, no-one has to get in a vehicle and travel to a patient.
Responding to a call
If you get a call from our call centre, an ambulance has already been dispatched. The Community First Responder is not legally obliged to respond. The First Responder operates in a voluntary capacity only.
If your location is a static location with no landline, we can still register your defibrillator on the CFRS. We do endeavour to not use mobile numbers as emergency contact numbers as people are not always at the location, they may leave the club/organisation or for such times when they are absent or on holiday.
In lieu of a landline and mobile number, we can record the exact positioning of the defibrillator at your location. For example a football club that has positioned their defibrillator within the clubhouse the alert may read:
“If the caller describes chest pain / CPR / not breathing advise caller the defibrillator is inside the clubhouse on the left hand wall as you enter through the main door”
No. CFR members are able to provide their own defibrillators if they choose and still sign up to the CFR program.
Paediatric pads - to be used on a child under 8 years of age or 25 kgs (approximate cost - $169). Brackets or alarmed cabinets to house the defibrillators are also available.
Accessories can be found on the St John website: http://www.stjohnambulance.com.au/first-aid-kits-and-supplies/defibrillators
If a child is in need of defibrillation due to cardiac arrest and no child pads are available, it is acceptable to use adult pads.
In a critical situation where there is no breathing and no pulse, it is giving the child the best chance of survival.
We recommend the anterior / posterior pad placement on the child. The only limiting factor is that the pads should not touch each other.
No. Defibrillators are automatic and have an excellent talk through functionality, enabling people with very little or no training the potential to save a life. However, St John does encourage individuals to have completed a Provide First Aid course (HLTAID003). There is no legislated accredited training required to use an AED.
Yes. An example of this is our relationship with St John competitor Surf Life Saving Australia who has more than 55 registered CFR locations across WA beaches.
To register your location on the CFRS there is a one page Client Registration Form that needs to be completed in full and returned to the CFRS team.
To request a Client Registration Form please call 9334 1418 or email: email@example.com