Don't get burnt by the law: The legal implications of the 'prepare, stay and defend or leave early' policy

Australian law relating to the powers and immunities of emergency organisations and workers is different in every state and territory. There is no single comprehensive national approach to emergency response in Australia as this area falls within state/territory jurisdiction. This and the continual evolution oflaw in this area has resulted in much uncertainty among emergency response workers on all levels, from volunteers on the ground to the most senior decisionmakers at the agencies. By undertaking a comprehensive analysis of Australian legislation and case law, this chapter looks at the legal implications of the 'Prepare, stay and defend or leave early' policy in each Australian state and territory. It looks at the powers and immunities of members and officers of emergency service organisations (ESOs) under specific emergency services legislation. Despite the complexity and some inconsistency in the approaches taken by states and territories in Australia, members and officers of ESOs are generally given comprehensive levels of immunities, although there are some gaps. ESOs and relevant government bodies may wish to address these gaps, to ensure that their members and officers are protected to a satisfactory level. This overview ofESO powers and protection should also help emergency workers implement the 'Prepare, stay and defend or leave early' policy more confidently.