PRODUCED BY AND FOR THE VICTORIAN SES VOLUNTEERS
ISSUE 192 MAY 2018 Printpost Approved PP 100001634
WARRANDYTE FESTIVAL 2018 • VICSES FOOTSCRAY ACTIVE FLASHBACKS • SOUTHERN CROSS SEARCH DOGS
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CONTRIBUTIONS Letters to the editor If you have a point of view you feel would be of benefit to VicSESVA, or a request for any article which other members may be able to help source, mail it to PHOENIX. If your Unit has a need to publicise an event or Unit activity, send it to PHOENIX.
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Contents Content for Phoenix Photography should only be supplied digitally or as original prints (please supply stamped, self-addressed envelope for returning). Please avoid scanning of any type. Text should be supplied electronically as a Microsoft Word document.
Send all articles to:
Email: phoenixeditor@vesa.com.au
VicSESVA CONTACTS VicSESVA Phoenix Editor & Mailing List Enquiries To add, edit or delete members to mail list or password and technical support contact: director.cw@vesa.com.au
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From the Chair
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Australian Institute for Disaster Resilience Update
Interoperability with Southern Cross Search Dogs
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VICSES Footscray Active Flashbacks
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Dash Cams and NSW SES
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Malvern SES Recognises Long Serving Members and Unit Controllers
Audio Recording by Ambulance Tasmania
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The 2018 Premier’s Volunteer Champions Awards are now open for nominations!
Warragul SES Benefits From Local Businessman’s Generosity
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VESA Shop
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Disintegrating Truck Tyre
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VICSES Foster Unit Shines at Outdoor Expo
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Manningham Unit at Warrandyte Festival 2018
VicSESVA STATE BOARD EXECUTIVE & STATE BOARD OF DIRECTORS INDEPENDENT CHAIRPERSON Faye Bendrups
TREASURER & CENTRAL WEST DIRECTOR Mr Chris Patton
M: 0435 964 455 E: fayebendrups@hotmail.com
M: 0407 310 555 E: secretary@vesa.com.au E: director.cw@vesa.com.au
DIRECTOR NORTH EAST REGION Mr Chris Brown
SECRETARY AND DIRECTOR OF CENTRAL EAST REGION David Rowlands
M: 0417 550 076 E: c.brown10@bigpond.com
M: 0423 777 633 E: director.ce@vesa.com.au
DIRECTOR SOUTH WEST REGION Vacant
DIRECTOR NORTH WEST REGION Mr Pat Torney E: pat_torney@hotmail.com
Advertisers Alert Countrywide Austral is appointed by the Victoria Emergency Service Association as the authorised publisher of PHOENIX. For enquiries re advertising in this magazine, please contact the printers and publishers:
DIRECTOR MID-WEST REGION Vacant
DIRECTOR EAST REGION Mr Bob Aisbett M: 0427 532 093 E: director.er@vesa.com.au
VICSES PEER SUPPORT Peer Support can be accessed at any time by ringing 1800 899 927 and asking for SES Peer Support (EAS Paging). Peter Kueffer Clinical Director can be contacted on mobile 0417 565 927 or by ringing 1800 899 927 (EAS Paging).
COUNTRYWIDE AUSTRAL Level 2, 310 King St, Melbourne GPO Box 2466, Melbourne 3001 Ph: (03) 9937 0200 Fax: (03) 9937 0201 E-mail: admin@cwaustral.com.au ACN: 30 086 202 093
CHAPLAINS CONTACT DETAILS CENTRAL REGION Major Arthur Ford
NORTH WEST REGION Rev David Mills
EAST REGION Judy McLeod
SOUTH WEST REGION Rev Denise Naish
SOUTH WEST REGION Rev David Thompson
CENTRAL REGION Vacant
MID-WEST REGION Fr David Turner
CENTRAL REGION Rev Max Woolcock
M: 0416 085 634
M: 0427 383 538
M: 0425 708 730
M: 0417 347 821
M: 0407 466 356
M: 0407 128 077
M: 0418 517 685
Disclaimer Countrywide Austral (“Publisher”) advises that the contents of this publication are at the sole discretion of the Victoria State Emergency Service Volunteers Association (VicSESVA) and the publication is offered for background information purposes only. The publication has been formulated in good faith and the Publisher believes its contents to be accurate, however, the contents do not amount to a recommendation (either expressly or by implication) and should not be relied upon in lieu of specific professional advice. The Publisher disclaims all responsibility for any loss or damage which may be incurred by any reader relying upon the information contained in the publication whether that loss or damage is caused by any fault or negligence on the part of the publisher, its directors and employees. Copyright All advertisements appearing in this publication are subject to copyright and may not be reproduced except with the consent of the owner of the copyright. Advertising Advertisements in this journal are solicited from organisations and businesses on the understanding that no special considerations other than those normally accepted in respect of commercial dealings, will be given to any advertiser.
The data that VicSESVA holds for its members is solely used for the production and distribution of Phoenix and associated products.
REPORTS
from the
CHAIR VOLUNTEERS ENGINEER CHANGE. SOMETIMES THIS IS AT THEIR LOCAL LEVEL AND SOMETIMES THEIR INFLUENCE IS FELT ACROSS THE SECTOR. ONE WAY OF LEADING AND INFLUENCING CHANGE IS TO BE INVOLVED IN MEMBERS’ ASSOCIATIONS SUCH AS VICSESVA, OR JOINING WORKING GROUPS AND TASK FORCES. THERE ARE OTHER OPPORTUNITIES, SUCH AS THROUGH THE VARIETY OF SCHOLARSHIPS AND AWARDS THAT ARE AVAILABLE FOR PERSONAL AND PROFESSIONAL DEVELOPMENT. THESE MERIT ACTIVE PROMOTION WITHIN AGENCIES. Opportunities for Volunteers A leading grants scheme is run by the Emergency Services Foundation and SES volunteers have been successful recipients of their research travel grants in the past. The purpose of the ESF Scholarship Scheme is to enable fellowships and grants to be made to members of the Victorian Emergency Services to assist them to undertake advanced studies in Australia or overseas. This might be by participating in formal courses of education or training, or by attachment for study or observation with other agencies or educational or training institutions to advance their educational and professional standards. Scholarship awardees have used their scholarship to travel to the United States, Peru, the United Kingdom, Italy, and more. Topics of research span a wide range of areas, from counter-terrorism to earthquake preparedness and response to flash flood warning systems and community education. For more information, attend one of their information sessions which occur later in the year, refer to their website: https://esf.com.au/ services/scholarships/applications/ Another scholarship scheme is administered by the Australian Institute for Disaster Resilience. The Australian Government has established a million-dollar scholarship fund to equip volunteers with the skills and leadership required in the emergency and disaster management sector. Volunteers may be eligible for financial support to access accredited vocational and higher education qualifications in emergency and disaster management fields. Round three of applications opened on 2 April and closes on 14 May and round four opens on 3 Sept. For more information see https://aidr. org.au/programs/scholarships-for-volunteers/.
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Volunteer Satisfaction Volunteer welfare is a continuing concern for VicSESVA. The results of the 2017 Emergency Management Welfare and Efficiency Survey are currently being compiled into a report. The survey was developed and run by VFBV. It is endorsed by EMV which produces a sector-wide report. It is supported by the Valuing Volunteers Programme, an initiative of the Victorian government. For the three years that SES volunteers have participated in the survey, their levels of satisfaction with VICSES have not improved. Members are most satisfied at their local Unit level and a very positive outcome is that there is acceptance of diversity and low levels of bullying and discrimination at Unit level – well done volunteers. However, there is a steady downward trend in volunteers’ satisfaction with their role as an VICSES volunteer, their satisfaction with the way they are treated by VICSES, their intention to continue their membership and their likelihood of recommending being a VICSES volunteer to people they know. This should ring alarm bells for VICSES as confidence in and positive experiences with the service are essential for sustainability. VicSESVA respectfully requests that VICSES takes the results of this survey seriously, and that action is taken to halt the downward trend in satisfaction levels so that our agency is not an outlier in the EM sector in Victoria in terms of volunteer welfare and efficiency. Women in Emergencies Network I recently joined the Australian Women in Emergencies (AWE) Network, which has been established to promote and
further develop the contributions of women in disaster resilience and emergency management, help build stronger communities, and support the new generation of women entering the sector. Women bring unique skills and strengths to all areas of disaster and emergency management and their insights and expertise are already enhancing resilience across communities. Through harnessing and amplifying these capabilities the AWE Network aims to help build Australia’s resilience and create stronger communities. The AWE Network is open to women from all sectors that play a role in emergencies, including emergency service organisations, community and not for profit organisations, governments and agencies, universities and schools, private businesses and organisations, volunteers and community members. The AWE Network is still in its early stages and members will be providing input into the network’s objectives, structure and activities. The AWE Network aims to: • Promote and develop the skills and strengths of women • Give a voice to women • Encourage and support the next generation of women in emergency management • Provide a platform for networking and shared information • Promote collaboration and cooperation • Encourage gender equity in the sector. You can join today, go to: https:// mailchi.mp/2fd5d7fe12a5/awenetwork Faye Bendrups Independent Chair, VicSESVA www.vesa.org.au
FEATURE
Update Volunteer Leadership Program The Volunteer Leadership Program (VLP) is a dynamic, immersive residential program, delivered across three days for emergency sector volunteers with aspiration and aptitude to support their organisation’s leadership. It is a personally challenging and richly rewarding experience aimed at providing you with the foundations for capability and confidence for leadership. In taking part, you will be part of a collaborative learning experience, participating alongside volunteer leaders from other emergency management focused agencies, generating knowledge and sharing experience. To apply, go to https://aidr.org.au/programs/volunteerleadership-program/vlp-application-form/
www.vesa.org.au
New Handbooks for Evacuation Planning and Managing Spontaneous Volunteers The Australian Institute for Disaster Resilience has published two new handbooks to build capability in emergency management and disaster resilience, both freely available on the Knowledge Hub with associated resources. The new Communities Responding to Disasters: Planning for Spontaneous Volunteers Handbook is valuable for any organisation with a role in supporting communities after a disaster. This handbook recognises the important contribution spontaneous volunteers can make in emergency situations and provides strategies for managing their involvement. The Spontaneous Volunteers Handbook describes a range of principles
and policies to help support and coordinate spontaneous volunteers, and provides guiding questions, strategies, case studies and advice to operationalise the principles. The revised Evacuation Planning Handbook is designed to maximise the efficiency and effectiveness of the emergency evacuation process, through principled planning and implementation. The handbook provides guidance to people within government and its agencies, NGOs and communities on how to plan for the five stages of an evacuation, emphasising the primacy of life, as well as imperatives for community recovery. Find the handbooks at https:// knowledge.aidr.org.au/collections/ handbook-collection/
May 2018
PHOENIX 3
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FEATURE
DISINTEGRATING TRUCK TYRE
Repairs begin on the shredded tyre.
O
Neil with the wheel remnants.
n Sunday 18th March the Leongatha Hino heavy rescue truck was returning to Leongatha LHQ after attending to the many windstorm jobs on that date. Approaching Leongatha, the right side front tyre just disintegrated/exploded on bitumen road at approximately 90 km/h. Fortunately the driver, an experienced truck driver, Deputy Controller Neil Warren, was able to come to a stop quickly. The tyre had shredded the entire top thread off completely, dropping the rim onto the road. On one pic you can see the repair starting, and another pic showing Neil holding the sad wheel remnants. On third pic the tyre in all it’s destruction.
“Approaching Leongatha, the right side front tyre just disintegrated/exploded on bitumen road at approximately 90 km/h.” The truck was only serviced a few weeks ago. This proves that things can happen when least expected. Many thankyous to two truck drivers who stopped and did the actual wheel replacement for us. The usual remarks as “No worries mate, we do this all the time, piece of cake, glad to help you!” Great guys, Thank you to both fellows. They had it done in no time at all. Submitted by Tony Lindhard Leongatha Unit
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The destroyed tyre. www.vesa.org.au
FEATURE
VICSES FOSTER UNIT SHINES AT OUTDOOR EXPO FOSTER SES UNIT MEMBERS BRAVED SWELTERING AND GUSTY CONDITIONS TO HOST A ‘SEARCH’ THEMED DISPLAY AT THE FOSTER OUTDOOR EXPO 6 – 7 JANUARY 2018.
T
he hands-on exhibit was popular with adults and children alike featuring alpine tent, boat, 4WD utes, motorbikes and ‘Frank’ being wheeled to safety in the Unit’s new mule wheel stretcher. Foster SES Unit Controller Rachael Nicolson said “The display looked good and was consistent with our theme. There was space to move around and at the same time we had visibility over everything. Our engagement was good and everyone played to their strengths”. It’s the second year the event has run, and is set to continue in coming years. Potential new members were identified and community knowledge of what SES does was increased as a result of the Unit’s comprehensive photo collage and experienced members. The new SES cooler bag lunchbox trucks were also on display, attracting interest from the public and generating sales to assist Foster Unit with fundraising. The weekend was a success, with people from all ages and backgrounds chatting with SES volunteers about staying safe in the www.vesa.org.au
outdoors and what it’s like to be part of SES. Very kind donations were received, plus interest from potential new members. Foster SES has a vibrant community engagement interest and is keen to expand their Unit, inviting new members to join from the local community. Foster Unit held an information session and Unit Open evening with a barbecue
on Tuesday, February 20 and will also be hosting a recruitment drive over the coming months.
Submitted by Elizabeth Wharton Community Resilience Coordinator VICSES East Region May 2018
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FEATURE
MALVERN SES RECOGNISES LONG SERVING MEMBERS AND UNIT CONTROLLERS
I
n 2013, the Malvern SES leadership team decided to put an extra focus on People and Recognition; meanwhile a project had also commenced to recognise the unit’s history. The development of unit honour boards to recognise long serving members and unit controllers came about as a result of both of these projects. Malvern SES recently recognised over 600 years of community service by its volunteer members, in a special ceremony to unveil two long-service honour boards on 26 October 2017. The honour boards, which recognise long service contributions from five years to 25+ years, were officially unveiled by Shadow Treasurer and Member for Malvern, the Hon. Michael O’Brien, and SES CEO Stephen Griffin, together with Malvern SES Unit Controller Phillip Munslow. In total, 60 volunteers were recognised for their long service, including 20 members who are still current volunteers. The presentation of the long service honour boards followed a similar presentation in July 2016, to honour Malvern SES’s past and present unit Controllers. Malvern SES has had five Unit Controllers since its inception in 1981, two of whom (Michael Delanis and Phillip Munslow) are still serving members. Malvern SES Unit Controller Philip Munslow says that the honour boards are a way to recognise the significant
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“Since 2013, Malvern SES has been working in a number of ways to better serve and recognise its volunteers, including developing a comprehensive People Strategy, and conducting annual 'People Days.'” contributions made to the Malvern SES Unit by past and present members. “We wanted to identify the people who’ve really built the legacy that we, as
the current members, enjoy today,” he said. “Having the rescue tools and equipment is important, but it really is the people who make volunteering with Malvern SES great.” www.vesa.org.au
FEATURE Since 2013, Malvern SES has been working in a number of ways to better serve and recognise its volunteers, including developing a comprehensive People Strategy, and conducting annual 'People Days' with the unit leadership team, to focus on discussing members’ needs. Mr Munslow says that feedback from these sessions has led to revamping interactions with potential new members, from their first contact with Malvern SES, through to improved information sessions. “We’ve also revisited and improved our recruitment, onboarding and induction processes and we are now also regularly seeking feedback on those to identify further improvements.” Another proud achievement has been the introduction of the Malvern SES Recognition of Operational Capability, or ROC Program, which was introduced to celebrate individual milestones of members’ operations contributions, skills, experience and leadership. “We present ROC Star awards to members when they have achieved a certain number of call-outs, or complete further training, or take on leadership roles within their teams. The idea is to celebrate the day-today successes along the way that often go unrecognised, as well as to give members progression steps to work through in their operational capacity. We have had a great response to the program and I think that the resulting increased member engagement is reflected in the recent trend of having more members achieving their five-year long service milestone each year.” Malvern SES volunteers are currently working to compile the unit’s history and are seeking anyone who may have been
involved with the unit over the years to contribute information and/or photos. Please email malvern-history@vicses.org.au if you are able to assist. If you are interested in Malvern SES’s people and recognition programs and ROC star awards, please email malvern@ses.vic.gov.au.
Malvern SES Unit Controllers: Founding Controller: Bert Healy (dec.) (1980-87) Elizabeth Mitchell (Mar – Dec 1987) Terry Furneaux (1988-99) Michael Delanis (1999-2004) Philip Munslow (2004-present)
THE 2018 PREMIER’S VOLUNTEER CHAMPIONS AWARDS ARE NOW OPEN FOR NOMINATIONS!
T
he Awards aim to recognise outstanding volunteers from across Victoria, from all sectors, roles, causes, and communities. This year there are four categories in the Awards – Leadership, Impact, Service, and Teamwork. As an organisation which relies so much on our volunteers, it would be
www.vesa.org.au
wonderful to see some of our people being recognised through these prestigious Awards! Taking the time to nominate someone shows that you’ve noticed their efforts, value their contribution, and recognise their skills and efforts. More information about the Awards and how to nominate is available here: www.volunteer.vic.gov.au/awards/
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FEATURE
MANNINGHAM UNIT AT
WARRANDYTE FESTIVAL 2018
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www.vesa.org.au
FEATURE
M
anningham Unit were once again invited to participate at this years Warrandyte Festival, planned to take place over the weekend of 16th, 17th and 18th March. Usually all our Unit are called to support VicPol with the road closures during the annual Festival Parade, however this year, due to the forecasted severe weather and total fire ban, the Festival Committee had to make the hard decision to cancel all the Saturday 17th activities. This cancellation was extremely disappointing to all the local Community and stall holders, including the Manningham Unit, however it was good to see that the Committee were prepared to make a full risk assessment given the available information, and to action their cancellation procedures given the potential risk to the community on that day. The Festival resumed on Sunday morning and we attended with our Rescue Truck, 4WD and rescue boat. Upon arrival at the reserve, we were met with a large dragon, made by a local group, which was struggling not to take off in the high winds. The Manningham members assisted and ensured that the float was safely tied to the fence behind the SES stand so that it would not accidentally end up in the Yarra. Due to the high winds on the day, the Community Education team agreed that we would not utilise our marquee and instead we interacted with the families and other agencies to share the SES Community Education messages. Overall it was a successful day and despite the windy weather, it was well attended and the members finished the day by heading off to some storm related jobs. www.vesa.org.au
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FEATURE
INTEROPERABILITY WITH SOUTHERN CROSS SEARCH DOGS
I
n March 2018, VICSES Footscray hosted a training orientation session at their annual weekend training camp with Southern Cross Search Dogs. Four dogs and their handlers Angelica, Peter, Dee and Alicia, provided a briefing on the use and capability of search dogs, conducted an impressive demonstration of the dogs’ skills and involved Unit members as ‘casualties’ in a dog search exercise. The efficiency of the dog searches was striking; a bush search that might have taken an SES team hours to complete took the dogs only minutes. The collaboration was a great learning experience for Unit members and showed the value of interagency collaboration to enhance Victoria’s search and rescue operational capability. Southern Cross Search Dogs Australian Swiss Search Dog Association Inc. (ASSDA) was founded in 1995 and renamed to Southern Cross Search Dogs Victoria Inc. (SCSD) in 2014. SCSD is a volunteer, not-for-profit organisation which supports Victoria’s Emergency Services State capability, by providing qualified canine teams trained
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to find survivors in the event of an Urban Search and Rescue (USAR) incident. This could occur due to earthquake, landslide, cyclone, building collapse or terrorism. SCSD works in close collaboration with Victoria’s emergency services. Operational
SCSD canine teams are currently deployed by the Victoria Police Dog Squad, at the request of the MFB USAR Technical Rescue Unit. SCSD also has a close partnership with the South Australian Metropolitan Fire Service (SAMFS), along with other State www.vesa.org.au
FEATURE
“The efficiency of the dog searches was striking; a bush search that might have taken an SES team hours to complete took the dogs only minutes.” based NGOs training USAR dogs. To ensure best practice in training and deployment, SCSD are an associated organisation of the Swiss Search and Rescue Dog Association (REDOG) and members of the International Rescue Dog Organisation (IRO). www.vesa.org.au
SCSD currently has two operational canine teams, which have been assessed by Victoria Police in accordance with the Australian USAR Canine Capability Best Practice Guidelines, and who are qualified in first aid and disaster rescue
response. Another seven teams are currently in training. In order to strengthen Victoria’s emergency response, SCSD are working to ensure handlers have an integral understanding of how the organisation fits in to the deployment requirements of each emergency services organisation, and equally that organisations have a sound understanding of SCSD’s capabilities. SCSD would welcome any opportunity to explore further the possibilities for volunteer canine search teams within Victoria’s emergency services, and collaborate with respect to training opportunities. May 2018
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FEATURE
VICSES FOOTSCRAY ACTIVE FLASHBACKS MEMBERS AT THE FOOTSCRAY UNIT HAVE CERTAINLY BEEN BUSY OVER THE PAST MONTHS WITHOUT EVEN THINKING ABOUT ALL THE RFAS THEY HAVE ATTENDED.
Footscray Eureka Climb Team (Denis Brain, far right).
T
he 29th November saw eight members climb the 1,642 steps up the Eureka Tower. Some were speedier than others however all made it to the top to enjoy the awesome views of Melbourne. A special mention to Denis Brain who completed the climb in less than an hour – no mean feat for a 72-year old. The Unit participated in the Maribyrnong council’s Yarraville Garden’s Annual Christmas Carols on 16th December with the support of a dozen members. They set up lighting, cordoned off and marshalled the fireworks area, meandered amongst the locals enjoying the carols and assisted Santa in distributing bags of lollies. Ten members assisted the Maribyrnong City Council with running the New Years Eve fireworks and festivities at Footscray Park. Tasks included a boat crew patrolling the river in an IRB, having a member in the ICC, locating missing children, managing traffic and assisting with the fireworks. The Footscray boat crews have also been busy participating as Rescue Boat standby patrols on the Maribyrnong River with the annual season of Dragon Boat races. Members from the unit provided both on land and on water support. Boat crews also supported the Maribyrnong council’s St Jerome Laneway
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Footscray Team at the top.
Festival by providing an IRB and crews for safety patrols along the Maribyrnong. On the 10th February the Queen’s Baton passed through Footscray on the way to the Gold Coast for the Commonwealth Games. Twenty members were involved with street closures so as to ensure public safety for this event. One member who attended many preliminary meetings was also stationed in the ICC.
Members participated in our annual training camp in the first weekend of March at Nioka Bush Camp. They had the opportunity to learn new skills, practise those less used, problem solve and work in various groupings. One of the highlights was a visit from the Southern Cross Search Dogs. They showcased the skills of the dogs and reinforced the importance of agency interoperability. www.vesa.org.au
FEATURE
Chainsaw practice.
Brushing up on chainsaw skills.
Training camp activity: Tirfor winch.
Footscray Team on the way to the Eureka Tower. www.vesa.org.au
Donna and Abe get ready to race to the top of the Eureka Tower. May 2018
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FEATURE
DASH CAMS AND NSW SES FEBRUARY 25, 2018 A MEMBER OF NSW SES HAS SENT ME A COPY OF FLEET BULLETIN – 3/2018 RELATING TO DASH CAMERA AUDIO/VISUAL RECORDING DEVICES. THE BULLETIN DIRECTS ALL UNITS REMOVE DASH CAMS FROM THEIR VEHICLES. IT SAYS: THIS ACTION IS REQUIRED DUE TO THE RESPONSIBILITIES OF NSW SES MEMBERS AND THE NSW SES AS A SERVICE UNDER THE PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1999 [SIC] (NSW) (PRIVACY ACT) AND GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT (GIPA ACT) [SIC]. • •
•
•
•
Key issues under these acts include: The need for there to be a clear purpose for the use of Dash Cams and the relationship to the functions of NSW SES The requirement that the use of the recording device not intrude to an unreasonable extent on the privacy of individuals The requirement for prominent signage that notifies individuals of the reason, legislative authority and agency disclosure relevant to the dash cam footage The requirement for the service to provide community access to information about how NSW SES capture footage and the potential for third parties to access footage, including with respect to the GIPA Act and in relation to subpoenas and statutory notices The need for the service to store the data and safeguard areas where dash cam footage is viewed, retained, stored and overwritten and the implementation of standards for the disposal of data and auditing of same.
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The issue Today’s correspondent says: I’m concerned about this as my Volunteers no longer have protection from others drivers with what actually happened/who’s at fault. I’m especially concerned regarding response driving as having a dash cam is just a little more reassurance. It also provides a training tool afterwards. NSW Police Force vehicles use dam cams and don’t have signage on the vehicle. Why would the SES be any different? Really, can we use dash cams? At a unit/volunteer level what should/must be regarding notification/ disclosure to the public, storage (or simply overwriting old footage unless needed) etc.? The rules The Office of the NSW State Emergency Service is an Executive agency of the NSW government (Government Sector Employment Act 2013 (NSW) Sch 1). The State Emergency Service is a fundamental part of government. It follows that the
SES is bound by the Privacy and Personal Information Protection Act 1998 (NSW) (the Privacy Act) and the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act). The Privacy Act says (s 8) A public sector agency must not collect personal information unless: (a) the information is collected for a lawful purpose that is directly related to a function or activity of the agency, and (b) the collection of the information is reasonably necessary for that purpose. Section 10 says: If a public sector agency collects personal information from an individual, the agency must take such steps as are reasonable in the circumstances to ensure that, before the information is collected or as soon as practicable after collection, the individual to whom the information relates is made aware of the following: (a) the fact that the information is being collected, (b) the purposes for which the information is being collected, www.vesa.org.au
FEATURE (c) the intended recipients of the information, (d) whether the supply of the information by the individual is required by law or is voluntary, and any consequences for the individual if the information (or any part of it) is not provided, (e) the existence of any right of access to, and correction of, the information, (f) the name and address of the agency that is collecting the information and the agency that is to hold the information. Personal information means ‘information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion’. Under the Workplace Surveillance Act 2005 (NSW) an employee includes a volunteer (s 3, definition of ‘employee’). The cabin of the SES truck is therefore a workplace for the purposes of that Act. Surveillance of an employee (s 3) means: ... surveillance of an employee by any of the following means: (a) “camera surveillance”, which is surveillance by means of a camera that monitors or records visual images of activities on premises or in any other place ... (c) “tracking surveillance”, which is surveillance by means of an electronic device the primary purpose of which is to monitor or record geographical location or movement (such as a Global Positioning System tracking device). Before conducting surveillance an employer must notify employees that they are to be subject to surveillance and the use that will be made of the data that is obtained (s 10). Notices are not required where there is camera surveillance ‘at a workplace of the employer that is not a usual workplace of the employee’. Where there is camera surveillance (s 11): (a) cameras used for the surveillance (or camera casings or other equipment that would generally indicate the presence of a camera) are clearly visible in the place where the surveillance is taking place, and (b) signs notifying people that they may be under surveillance in that place are clearly visible at each entrance to that place. The Surveillance Devices Act 2007 (NSW) s 7 says: A person must not knowingly install, use or cause to be used or maintain a listening device: (a) to overhear, record, monitor or listen to a private conversation to which the person is not a party, or (b) to record a private conversation to which the person is a party. But that prohibition does not apply to the ‘unintentional hearing of a private conversation by means of a listening device’ or ‘all of the principal parties to the conversation consent, expressly or impliedly, to the listening device being so used’. www.vesa.org.au
With respect to optical surveillance devices, the Act says (s 8) A person must not knowingly install, use or maintain an optical surveillance device on or within premises or a vehicle or on any other object, to record visually or observe the carrying on of an activity if the installation, use or maintenance of the device involves: (a) entry onto or into the premises or vehicle without the express or implied consent of the owner or occupier of the premises or vehicle, or (b) interference with the vehicle or other object without the express or implied consent of the person having lawful possession or lawful control of the vehicle or object. Under the Government Information (Public Access) Act 2009 (NSW) s 4 ‘”government information” means information contained in a record held by an agency’. This Act says there is a presumed right to be able to access government information unless there are overriding interests why access should not be granted (s 5). IT doesn’t say anything about record keeping or how long records should be kept for. I will assume, without establishing it, that the Office of the NSW State Emergency Service and the State Emergency Service are agencies for the purposes of this Act.
respect to its video recording function I suggest not. As noted elsewhere on this blog there is no right to privacy and a person is free to photograph whatever they can see (see Photographing a rescue scene (November 11, 2016)). By filming the traffic and events outside the vehicle, events that are public, there is no breach of the privacy act. Even if you enter private property and the film continues that is not, in my opinion, recording ‘personal information’ Recording conversations in the vehicle is another matter (see Taking photos, recording sound (February 23, 2015)). The conversations themselves may or may not contain personal information, it depends on the subject under discussion. Even if the intention is to have the dash cam operate to provide ‘protection from others drivers with what actually happened/who’s at fault’ there is no doubt that it does form surveillance of the driver. One might think the accident will always be the other driver’s fault but that is not the case. The dash cam may well record (as may GPS tracking) that it was the SES driver at fault. That’s not a bad thing. The State is meant to be a model litigant. If it turns out the SES driver is at fault then the State won’t put the other side to protracted
“NSW Police Force vehicles use dam cams and don’t have signage on the vehicle. Why would the SES be any different? Really, can we use dash cams?” Finally, the State Records Act 1998 (NSW) s 3 defines a state record as ‘any record made and kept, or received and kept, by any person in the course of the exercise of official functions in a public office, or for any purpose of a public office, or for the use of a public office, whether before or after the commencement of this section.’ Application of the rules to the issue A dash cam, as I understand it, can do two things. It can record video and sound. When properly installed it is facing forward and recording video of what is happening outside of the vehicle. It has a loop recording function so as the memory fills it overwrites earlier images. When there is an accident or sudden stop the dash cam can, either automatically or by operator action, protect those images so they are not overwritten. At the same time the dash cam records sound. That will include road sound that comes into the vehicle as well the sound of people in the vehicle, so it can record conversations. The sound recording feature can be turned off. The first question then is, is the dash cam recording ‘personal information’? With
litigation. If the state was at fault then the state needs to pay for the damages as does anyone. Any evidence that establishes what happens is good, regardless where the ultimate conclusion falls. But even so it is, no doubt, a form of surveillance of the conduct of the driver and does, therefore, constitute ‘workplace surveillance’ with all the obligations for notice that this brings. With respect to the use of the dash cam as an optical surveillance device, a dash cam mounted on the windscreen is a camera that is clearly visible. Where it has been installed with the knowledge of the unit controller or the person (if any) responsible for maintaining the vehicle it will have been installed with the express or implied permission of the person having lawful control of the vehicle. As for its role as a listening device it is not intended or put there to record private conversations and, further, if everyone knows it’s there then the people in the vehicle may be taken to have given implied consent to the recording. The GIPA Act does say that there is a right to access a government record. That would suggest that if someone wanted to May 2018
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FEATURE view the recording from a dash cam, they would have a right to do so, but only if that recording still exists. The State Records Act requires agency to take appropriate care to keep and store their records, but not for ever. The implementation guide to the new Standard on Records Management says (at p. 18): Organisations should implement policy, business rules and procedures to ensure that records and information are kept for as long as they are required ... Without going into the details (in part because the links to further ‘Key guidance for implementing this requirement’ don’t work, which is not a good look for a State Archives Office that is trying to set the standard for the digital storage of government records) we can say that this does not require records to be kept forever. Even if a recording on a dash cam is a state record, it may be something that is only required to be kept until it is over recorded given that nothing happened during that time. It could be argued that recording the driving of the vehicle is not a record made for ‘the exercise of official functions in a public office, or for any purpose of a public office, or for the use of a public office’ and so it is not a State Record. If that is true, however, it would run into difficulties as it would mean the recording is not made ‘for a lawful purpose that is directly related to a function or activity of the agency’ (Privacy Act 1998 (NSW) s 8). But again that’s only relevant if what’s being recorded and ‘collected’ is personal information. Conclusion on the SES directive Fundamentally the SES directive is correct though I would suggest it’s a very cautious or conservative approach. It is the case that the use of dash cams in SES vehicles does raise issues under the legislation listed above. Much of that could probably be dealt with by turning off the audio record feature and putting a sign in the cabin that says ‘Warning: Conversations in this truck may be recorded’ (just in case the audio feature gets turned on, again.) That does not however deal with issues of how the recording is to be dealt with and how it is to be stored and accessed and those are important considerations. It would be incumbent on the SES to actually consider how long recordings should be kept for and ensure people are trained to know how to turn off the audio recording, how to set the protection to ensure video that needs to be kept is kept and then provide adequate storage for that video. If you are keeping video of an accident no doubt it may be required to be produced under subpoena or other legal process so it does need to be retained and be locatable. The question of do we really have to worry about all that at volunteer/unit level forgets that units are not independent agencies,
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“Dash cams are cheap, easy to operate and really useful to resolve issues should a motor vehicle accident or near miss occur.” they are part and parcel of the government agency that is the State Emergency Service (see How autonomous are NSW Rural Fire Brigades? (February 25, 2015)). As part of the government units have to comply in the same way the local branch of any state agency has to comply with laws governing that agency or state agencies in general. Why don’t police have to comply with these rules? The answer to that is because they have special rules. The Surveillance Devices Act 2007 (NSW) s 50A provide for the use of body-worn video by police officers. The Law Enforcement (Powers And Responsibilities) Act 2002 (NSW) Part 8A (ss 108A-108H) deals with the use of police in car video equipment. It deals with many of the issues raised here; they include giving the authority to record private conversations (s 108C and 108D ‘Person to be informed that conversation will be recorded’) included that they can be recorded without the person’s consent (s 108D(3)). The use of police recording devices ‘does not constitute the use of a listening device for the purposes of the Surveillance Devices Act 2007’ (s 108F) and so all the provisions set out in the Surveillance Devices Act with respect to notice and consent etc do not apply. Recordings made by police must be retained for 2 years.
My correspondent asked: NSW Police Force vehicles use dam cams and don’t have signage on the vehicle. Why would the SES be any different? The Answer is because the police have the benefit of the Surveillance Devices Act 2007 (NSW) s 50A and the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Part 8A, and the SES does not. A possible alternative One alternative, that may produce a different conclusion, is if the driver, rather than the unit, owned the dash cam. Whilst the driver is volunteering for the SES and is in an SES truck and is therefore representing and part of the SES he or she is still entitled to keep their own records. If I keep a diary of what I did it remains my diary even if I keep a record of what happened when I was volunteering. If it is the driver that owns the dash cam there can’t be an issue of ‘workplace surveillance’ as it is not the workplace that is conducting the surveillance. He or she is recording information about him or herself and their driving. If there are any private conversations recorded that is not intentional and further, given the driver is there and party to the conversations that is not an offence nor is using the device to record in order to protect his or her legal rights should an accident occur (Privacy Act www.vesa.org.au
FEATURE 1998 (NSW) s 7(3)(b)). And again that issue could be largely resolved by turning off the audio recording feature. It may be. therefore, that if the driver owns the dash cam and sets it up before driving and does so with the intention of having his or her own record of their driving, that may well avoid most of these issues. However, as a member of the SES one is required ‘to comply with, the procedures or instructions of the State Emergency Service’ (State Emergency Service Act 1989 (NSW) s 18A). Accordingly if the Commissioner directs that members are not to use dashcams in SES trucks a member who fails to comply may be subject to disciplinary action. Conclusion The directive from the SES does seem like an over-the-top reaction to what is surely a good idea. Dash cams are cheap, easy to operate and really useful to resolve issues should a motor vehicle accident or near miss occur – whether they are resolved in favour of the SES or not. As a general rule a private citizen can do anything unless there is a law that says they can’t; a government can’t do anything unless there’s a law that says it can. I can put a dash cam in my car as I’m not a state agency. I’m not required to comply with the Privacy and Personal Information Protection Act 1998 (NSW), the Government Information (Public Access) Act 2009 (NSW), the State Records Act 1998 (NSW) etc. Equally my car is not a workplace so I don’t have to worry about workplace surveillance. The Surveillance Devices Act does apply to me but if I’m in the car I’m recording a conversation to which I’m a part (though in truth, I’ve turned off the audio recording on my dash cam for that reason, I don’t want to record those conversations and if there is an accident, I don’t want to reveal to the other side what was being said in case it was private). In any event I would suggest that any recording of the conversation is ‘unintentional’, the intention being to record the video of the event and the audio immediately before and after the collision, if there is one. And that brings me back to my earlier point as to this being a conservative approach. I think there could be arguments that these devices are not recording personal information and to the extent that they do that is unintentional, so they do no breach the Privacy Act. Agencies produce much data that is lost, note book scribbles, phone messages etc. Not everything that is produced is a ‘state record’ so not keeping recording where nothing happens does not, arguably, offend the State Records Act. The use of a dash cam would be workplace surveillance but that is OK where the camera is obvious and it’s not the person’s regular workplace. That provision means if you have video surveillance and www.vesa.org.au
“Clearly the use of dash cams does raise issues of privacy and whether the collection of private information by the camera is justified and permitted under the Privacy Act.” today someone who works in office A is asked to go to office B you don’t have to give all the notice as it’s obvious when you see the camera that surveillance is happening. Members who work out of a truck could be given notice but also, arguably, it’s not their regular place of work as that is the headquarters or even outside the truck. That might be stretching the imagination but then it’s all about risk management. How likely is that the regulator of the Workplace Surveillance Act is going to get concerned about the SES using a dash cam? If everyone’s happy about it and it’s used to prove the other driver was at fault, not very likely at all. If, on the other hand, the SES driver is being prosecuted and the Crown is relying on evidence in the video tape, the driver may well make complaints about surveillance that he or she was not warned about. IT may not go anywhere but it may muddy the waters. As for data storage and record keeping that is relevant as there at least needs to be consideration of what use is made of the video and when and how and for how long it is to be stored. What I mean by a conservative approach is, as I say, about risk management. One might think the risk of anyone being concerned about alleged breaches of the legislation listed above is very slight. And one can think of arguments to suggest that most of those provisions don’t apply. A person might think that for the benefit, they’ll run the risk that no-one will care and if they do they can argue that they didn’t break the law. That’s fine for a private individual and we all do it all the time, we weigh up the benefit of our action against the risk of the consequences and no doubt some chose to break the law, or come very close, because they think the benefit is worth the risk. An example of that type of approach may be for an individual to buy their own dash cam and install it when they are driving in order to have their own recording to protect their own interests should that be an issue. There are arguments that this would remove most of those issues but those arguments are not necessarily correct – the driver is in SES uniform and driving an SES vehicle – he or she is the SES so it may be determined, if it were ever challenged, that the documents are still owned by the SES. And for that reason the SES may still want to direct that a dash cam is not to be used.
A conservative response, and perhaps one to be expected from a government agency that is not meant to ‘sail close to the wind’ is to say that no risk of being in breach is permissible. Clearly the use of dash cams does raise issues of privacy and whether the collection of private information by the camera is justified and permitted under the Privacy Act. It is workplace surveillance (given s 3) so signage is required to ensure compliance with the Surveillance Devices Act and the Workplace Surveillance Act. If one is going to produce this sort of recording where the clear intention is to have it for legal proceedings, consideration does have to be given to storage and how it is made accessible. The SES does have to consider the implementation of standards for the disposal of data and auditing of same. It may be that all of that can and should be managed, but until it is, there is a risk and perhaps a risk that can’t properly be identified because consideration of all those issues has not been completed. The SES response may be the ‘conservative’ response but it’s not wrong at least when the dash cams are owned by the unit rather than the driver of the vehicle. The Commissioner, on behalf of the SES is the one charged with managing that response and if he chooses to take the ‘no risk’ response then that is within the ambit of his office. And the answer to the question ‘why can the police do it?’ is because the police (and the government) have thought about those issues and passed special legislation to allow them to use their body worn and camera mounted video equipment. That legislation applies to the police, it does not apply to the SES. ‘Why would the SES be any different?’ Because policing is a very different business to what the SES does. © 2018 Australian Emergency Law blog at wordpress.com. Submitted by Michael Eburn Barrister and Associate Professor at the Australian National University’s School of Legal Practice. It originally appeared on his blog Australian Emergency Law: https://emergencylaw.wordpress.com. This blog is maintained by Michael Eburn to discuss legal issues affecting emergency services (fire, ambulance and rescue services) in Australia.
May 2018
PHOENIX 19
FEATURE
AUDIO RECORDING BY AMBULANCE TASMANIA FEBRUARY 26, 2018 TODAY’S CORRESPONDENT COMES FROM TASMANIA. THE QUESTION AND ISSUES CAN BE LINKED TO THE EARLIER POST – DASH CAMS AND NSW SES (FEBRUARY 25, 2018) – BUT THIS TIME IT’S NOT A DASH CAM DOING THE RECORDING BUT A DEFIBRILLATOR! My correspondent says: I work for Ambulance Tasmania and they have just decided to go with the Zoll monitor defibrillator. I just found out (by accident) there is a feature on there that records audio as soon as the monitor is switched on. Many staff are not aware of this and we are certainly not asking patients if they consent to having the interaction with us recorded. The Paramedic doing the Zoll training told me it isn’t a problem because management are only going to use the recordings to audit cardiac arrest cases. I don’t care when or how they say they will use the recording, in my mind, the issue is, it exists and it is currently being obtained without staff or patient consent. I’m very uncomfortable with this and do not want to be recording patients without their consent. There is also no policy associated with this so I don’t see anything stopping police demanding
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recordings every time we go into homes of people they are investigating. Then there is the issue that if we ask a patient if they consent to being recorded and they decline, we literally cannot turn the monitor on. I feel outraged that I will be recorded without my consent and also that I am effectively being asked to record patients without their consent. Any advice? I’m not sure which model Ambulance Tasmania have decided to purchase, but the Administrator’s Guide for the ‘Fully Automatic AED Plus’ says: If installed and configured, the Fully Automatic AED Plus contains an audio recording option that records and stores 20 minutes of continuous audio and clinical event data during a rescue. (The unit records and stores at least 7 hours of clinical event data if the audio recording option is disabled.) The recorded audio data is synchronized to the clinical event data.
It’s not clear to me why one wants that data. When handing over a patient who’s been in cardiac arrest I can understand why the medical team would want any recording of the patient’s heart rhythm and the impact of the defibrillator but for clinical purposes, who is ever going to want to listen to 20 minutes of audio? Putting that aside, the device is recording information so let us consider the law. The patient Listening Devices Act 1991 (Tas) In Tasmania, a listening device is ‘any instrument, apparatus, equipment or device capable of being used to record or listen to a private conversation simultaneously with its taking place’ (Listening Devices Act 1991 (Tas) s 3)). That the AED can record ‘20 minutes of continuous audio’ would www.vesa.org.au
FEATURE
mean that it is a ‘listening device’. A private conversation (s 3) is: ... any words spoken by one person to another person or to other persons in circumstances that may reasonably be taken to indicate that any of those persons desires the words to be listened to only – (a) by themselves; or (b) by themselves and by some other person who has the consent, express or implied, of all those persons to do so; It is unlawful (s 5) to use: ... a listening device – (a) to record or listen to a private conversation to which the person is not a party; or (b) to record a private conversation to which the person is a party. It is not an offence if the recording of the private conversation by means of a listening device was unintentional (s 5(2)(d)). The penalty for unlawfully recording or listening to a private conversation via a listening device is, for an individual a fine of up to 40 penalty units or imprisonment for 2 years or both, and for a corporation the maximum penalty is a fine of 500 penalty units (s 12). The current value of a penalty www.vesa.org.au
unit in Tasmania is $159 (Department of Justice, Value of Indexed Amounts in Legislation: Penalty Units and Other Penalties Act 1987). So the maximum fine for an individual is 40*$159=$6360. For a corporation it’s 500*$159=$79500. One can imagine that during a cardiac arrest the conversation is not ‘private’ within the meaning of the Act. If the patient is in cardiac arrest they are not taking part in a conversation. The paramedics are probably talking to each other about the situation at hand and what they are doing and going to do. They are not discussing their private lives and whilst they may prefer not to be overhead one couldn’t infer that the conversation was private as defined by s 3, particularly if they are in a public place. (To return to my earlier post, Dash cams and NSW SES (February 25, 2018), one might assume also that there are not private conversations in an SES truck, but there may be. People returning from a job may well be having a conversation that they intend is to be heard only by the people in the truck, so it is very likely that a dash
cam could, unintentionally, record a private conversation). Presumably, however, a cardiac monitor may be put on people who are not in cardiac arrest and they may say something. One can imagine a patient in an ambulance saying something private to the paramedic, whether it’s an admission of something, a reflection on their life, who knows. And this may be recorded by the defibrillator. The intention may be to record clinically relevant data so this recording may be unintentional so it may not be an offence under s 5, but that is not the end of the matter. Section 10 says: (1) A person who has been a party to a private conversation and has used, or caused to be used, a listening device to record the conversation (whether in contravention of section 5 or not), shall not subsequently communicate or publish to any other person any record of the conversation made, directly or indirectly, by the use of the device. (2) Subsection (1) does not apply where the communication or publication – (a) is made to another party to the private conversation or with the consent, express or implied, of all of the principal parties to the conversation; or (b) is made in the course of legal proceedings; or (c) is not more than is reasonably necessary for the protection of the lawful interests of the person making the communication or publication; or (d) is made to a person who has, or is, on reasonable grounds, by the person making the communication or publication, believed to have, such an interest in the private conversation as to make the communication or publication reasonable under the circumstances in which it is made; or (e) is made by a person who used the listening device to record the private conversation pursuant to a warrant granted under Part 4 or pursuant to an authority granted by or under the Telecommunications (Interception) Act 1979 of the Commonwealth or any other law of the Commonwealth Let us assume that, facing a near death crisis, a patient makes an admission to the paramedic that she has regretted remaining in her marriage for the last 10 years. That is communicated in the ambulance with the obvious expectation that it is private. She would not want her partner to know this. So, what happens with the data? From what I gather from the Zoll brochure’s it could be (perhaps should or even must be) downloaded and form part of the patient’s record. Tasmania Ambulance and the paramedic has ‘used, or caused to be used, a listening device to record the conversation’. Let us assume that it is not an offence contrary to s 5 but even so neither May 2018
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Ambulance Tasmania nor the paramedic may ‘subsequently communicate or publish to any other person any record of the conversation’ in which case the audio file can’t be given to the hospital team as part of the patient record. Most of the exceptions under s 10(2), above, can’t apply. Section 10(2)(c) doesn’t apply because it’s not made ‘for the protection of the lawful interests’ of Ambulance Tasmania or the paramedic. Section 10(2)(d) might apply if the treating team have ‘such an interest in the private conversation as to make the communication or publication reasonable under the circumstances in which it is made’ but the reality is that they have no interest in that communication. They may want to know what signs and symptoms the patient had and what treatment they received but her admissions as to the state of her marriage are irrelevant to them. And at some point, the partner as a person responsible for her care, or as the beneficiary of her estate, or as an appointed guardian or in some other capacity may well get access to that medical record and be given details, and hear a conversation, that was clearly not intended to be heard by the partner. It would seem that handing over the recording where it involves a ‘private’ conversation between the patient and the paramedic that is not clinically relevant would be an offence under the Listening Devices Act 1991 (Tas).
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Personal Information Protection Act 2004 (Tas) Basic personal information means ‘the name, residential address, postal address, date of birth and gender of an individual’. Health information is: (a) personal information or opinion about – (i) the physical, mental or psychological health at any time of an individual; or (ii) a disability at any time of an individual; or (iii) an individual’s expressed wishes about the future provision of health services to him or her; or (iv) a health service provided, or to be provided, to an individual; or (b) other personal information collected to provide, or in providing, a health service; or (c) other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or (d) genetic information about an individual that is or may be predictive of the health at any time of the individual or any of his or her descendants – other than prescribed information, a prescribed class of information or information contained in a prescribed class of documents; The information contained in the ambulance clinical record will be ‘personal information ... about ... a health service provided ... to an individual’. That would include the details of the patient’s cardiac condition as well as the discussion between
those providing the health service, that is the paramedic(s) and others at the scene. It would appear then that the audio recording would form part of the patient’s health information. The Personal information protection principles (s 16 and Schedule 1) say Collection 1. A personal information custodian must not collect personal information unless the information is necessary for one or more of its functions or activities. 2. A personal information custodian must collect personal information only by lawful means... With respect to details of a personal conversation (as in my example above) there is no reason to record that sort of conversation for the purposes of Ambulance Tasmania or patient care. And as noted the use of the listening device may be illegal. With respect to use and disclosure the Personal information protection principles go onto say: (1) A personal information custodian must not use or disclose personal information about an individual for a purpose other than the purpose for which it was collected unless – (a) both of the following apply: (i) that purpose is related to the primary purpose and, if the personal information is sensitive information, that information is directly related to the primary purpose; www.vesa.org.au
FEATURE I ... found out (by accident) there is a feature on there that records audio as soon as the monitor is switched on. Many staff are not aware of this ... In that case neither they nor their patients can give consent nor could their consent be implied. Tasmania does not appear to have an equivalent to the Workplace Surveillance Act 2005 (NSW). The police It’s true that the police could seek access to the recording in the same way they could seek access to a clinical record where that is relevant to their investigation (eg search warrant or subpoena). There are limits on the use that can be made of a recording that has been made contrary to the Listening Devices Act 1991 (Tas) ss 13-15 but even if the material can’t be used in evidence, it doesn’t mean it can’t inform police and be an important part of their inquiry, and that recorded may be harmful to the interests of those recorded.
(ii) the individual would reasonably expect the personal information custodian to use or disclose the information for that purpose; or Further disclosure can be justified where it ‘is necessary to lessen or prevent – (i) a serious threat to an individual’s life, health, safety or welfare...’ (cl 2(1)(d)). Ambulance services collect and record personal information about the patient including their name and address, a relevant history, details of treatment administered etc all the time. Collecting that information is part of the health care delivery and handing it on to the hospital medical team is directly related to the purpose for which it was obtained and recorded and a person would, I think, reasonably expect a paramedic to hand that data over to the hospital so in that sense making the material available, particularly if there is no private conversation recorded, would not be an issue. One of the issues in the discussion about SES and dash cams was the need to maintain the data. Equally in Tasmania ‘A personal information custodian must take reasonable steps to protect the personal information it holds from misuse, loss, unauthorised access, modification or disclosure.’ Just as Ambulance Tasmania will need a way to secure its patient records www.vesa.org.au
it will also need to ensure that it can store the recordings made by the defibrillator. And they will need to maintain that data for as long as they maintain other patient records. The paramedics The paramedics may indeed be engaged in a private conversation in the presence of the patient. Whether they are reflecting on their own conduct, or the patient, or the ambulance service itself, they may well be having a conversation in the expectation that no-one else will hear it. (And I note that may not be professional if one should always assume the patient can hear, but regardless it may well happen). In that case their own private conversation has been recorded by a listening device. It is not an offence to record a private conversation if ‘all of the principal parties to the conversation consent, expressly or impliedly, to the listening device being so used’. If the paramedics are aware that their conversation could be, or is being, recorded then one might infer that they consented (ie that they have given their ‘implied consent’). But my correspondent says that they aren’t being told that the defibrillators are capable of audio recording. As my correspondent says:
Conclusion The use of audio recording features on a defibrillator is problematic. It raises issues on how the recording is to be stored and protected. More importantly the device is a ‘listening device’ and the use of a listening device to record a private conversation is unlawful. I would suggest the discussion that is limited to the clinical procedures is not a private conversation for the purposes of the Listening Devices Act but if the paramedics and/or the patient are unaware that they are being recorded they may well have a private conversation, that is a conversation that they do not intend, and would not want, anyone else to hear. To record that without consent is an offence. Equally it is an offence to pass that information on which may be problematic when handing the patient onto hospital or other services. One solution may be to make sure every paramedic is aware of the audio recording feature and put a sign on the device, and in the ambulance saying, in effect ‘Warning: Your conversation may be recorded’.
Submitted by Michael Eburn Barrister and Associate Professor at the Australian National University’s School of Legal Practice. It originally appeared on his blog Australian Emergency Law: https://emergencylaw.wordpress.com. This blog is maintained by Michael Eburn to discuss legal issues affecting emergency services (fire, ambulance and rescue services) in Australia.
May 2018
PHOENIX 23
FEATURE
WARRAGUL SES
BENEFITS FROM LOCAL BUSINESSMAN’S GENEROSITY
A
donation from John Mai of Office Choice Warragul has allowed the local unit to purchase a ladder slide for one of their trucks. This piece of equipment allows the ladder to be slid on and off the roof rack with the minimum of effort, and is a safer option especially for the members who are not so tall!! John regularly contributes to the unit for which we are very grateful. Funds for equipment mean the Unit volunteers are able to provide all the help that is needed in the community when disaster strikes.
Submitted by Gel Joseph DC Training, Community Education Facilitator Warragul Unit
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VicSESVA Shop Catalogue For pricing and ordering details please contact VicSESVA Shop Manager Chris Patton at vesashop@vesa.com.au or phone 0409 550 892
STYLE: VS7700 DESCRIPTION: Unisex Polo Shirt FABRIC: 5 0% Cotton Backed/ 50% Polyester Outer COLOUR: Navy/Orange SIZES: XXS, XS, S, M, L, XL, 2XL, 3XL, 4XL, 5XL
STYLE: VS7701 DESCRIPTION: Crew Nexk T Shirt FABRIC: 1 00% Premium Combed Cotton COLOUR: Navy SIZES: S, M, L, XL, 2XL, 3XL, 4XL, 5XL
STYLE: VS3635 DESCRIPTION: Mens Long Sleeve Shirt with Epaulettes FABRIC: P oly Cotton COLOUR: Sky Blue SIZES: 38, 39, 41, 42, 43, 46, 48
STYLE: VS3634 DESCRIPTION: Mens Short Sleeve Shirt with Epaulettes FABRIC: P oly Cotton COLOUR: Sky Blue SIZES: 38, 39, 41, 42, 43, 46, 48
STYLE: VS3638 DESCRIPTION: Mens Long Sleeve End on End Shirt FABRIC: 65% Polyester, 35% Cotton COLOUR: Royal Blue SIZES: 38, 39, 41, 42, 43, 46, 48
STYLE: VS3636 DESCRIPTION: Ladies Short Sleeve Shirt with Epaulettes FABRIC: P oly Cotton COLOUR: Sky Blue SIZES: 8, 10, 12, 14, 16, 18, 20, 22, 24
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May 2018
PHOENIX 25
VicSESVA SHOP
STYLE: 4/GFL/AN DESCRIPTION: Basecamp Anorak Jacket FABRIC: Nylon Ottoman Shell with Self Coloured Anti-pill Polar Fleece Lining COLOUR: Navy/Pumpkin SIZES: XXS, XS, S, M, L, 2XL, 3XL STYLE: VS4419 DESCRIPTION: Soft Shell Security Jacket FABRIC: 1 00% Bonded Polyester, Soft Shell COLOUR: Navy SIZES: XS, S, M, L, XL, 2XL, 3XL, 4XL
STYLE: 4/WS/PF01 DESCRIPTION: Unisex Half Zip Polar Fleece FABRIC: Anti-Pill Polar Fleece 320gsm - 100% Polyester COLOUR: Navy SIZES: XXS, XS, S, M, L, XL, 2XL, 3XL, 4XL, 5XL
26 PHOENIX
May 2018
STYLE: 4/WS/PF07 DESCRIPTION: Mens Full Zip Bonded Fleece Jacket FABRIC: Bonded Polar Fleece 350gsm - 100% Polyester COLOUR: Navy SIZES: S, M, L, XL, 2XL, 3XL, 4XL, 5XL
STYLE: 4/WS/PF08 DESCRIPTION: Ladies Full Zip Bonded Fleece Jacket FABRIC: Bonded Polar Fleece 350gsm - 100% Polyester COLOUR: Navy SIZES: 8, 10, 12, 14, 16, 18
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VicSESVA SHOP
STYLE: VS9306 DESCRIPTION: Wool Roll Up Beanie SIZES: One size fits all
STYLE: VS9307 DESCRIPTION: Polar Fleece Roll Up Beanie SIZES: One size fits all
STYLE: 4/WS/PF10 DESCRIPTION: Ladies Full Zip Bonded Fleece Vest FABRIC: Bonded Polar Fleece 350gsm - 100% Polyester COLOUR: Navy SIZES: 8, 10, 12, 14, 16, 18
STYLE: VS1037 DESCRIPTION: Mens Cargo Shorts FABRIC: Cotton Blend with Permasize. Wrinkle Resistant COLOUR: Navy SIZES: 77, 82, 87, 92, 97, 102, 107, 112, 117, 122, 127
STYLE: VS1254 DESCRIPTION: Mens Cargo Workpants with Double knees FABRIC: Cotton Blend with Permasize. Wrinkle Resistant COLOUR: Navy SIZES: 77, 82, 87, 92, 97, 102, 107, 112, 117, 122, 127
STYLE: 4/WS/PF09 DESCRIPTION: Mens Full Zip Bonded Fleece Vest FABRIC: Bonded Polar Fleece 350gsm - 100% Polyester COLOUR: Navy SIZES: S, M, L, XL, 2XL, 3XL, 4XL, 5XL
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May 2018
PHOENIX 27
A QUICK GUIDE TO VicSESVA Victoria State Emergency Service Volunteers Association
WHAT IS VicSESVA? VicSESVA works to advocate for VICSES volunteers, actively supporting Unit leadership teams and engaging cooperatively with VICSES management and Government. • VicSESVA is a non-profit organisation which exists to further the interests of VICSES volunteer members. • VicSESVA uses its dedicated focus on volunteers to select and drive the resolution of issues that impact on skills, safety and how VICSES volunteers undertake their duties. It is important to note that VicSESVA is an Association not a Union. VicSESVA does not engage in adversarial campaigns but it does seek to further the interests of VICSES volunteers, and the public they serve, by promoting appropriate standards in training, equipment and ethics in VICSES.
WHO IS VicSESVA? VicSESVA is wholly staffed by VICSES volunteers and is funded by VICSES Units. VicSESVA is comprised of all VICSES Units – two Delegates are selected to represent each Unit, Regional Councils and a State Board.
VicSESVA’s MISSION To be pro-active in the pursuit of excellence in service delivery for VicSESVA membership and to maintain an effective communication and interaction with all emergency and support agencies.
VicSESVA’s VISION To ensure that the highest level of skills training is available to the volunteers of VICSES. To ensure that the resources available to volunteers are applicable to the respective operational requirements.
VicSESVA’s STRUCTURE VicSESVA is broken up into 7 Regions: South West, Central West, Central East, North West, North East, Mid-West and East. Each Region has a Regional Council which seeks input from local Units, meets and discusses the issues identified and selects issues for escalation to the VicSESVA State Board.
Unit Delegates Each member Unit of VicSESVA elects two delegates who convey the thoughts and feelings of their Unit and its members to the Regional Council. The time spent on this important duty can be as much as the Delegate wants to put in or as little as the Delegate needs to. Each Unit is different and the Units’ Delegates will need to put in the effort that their Unit expects from them. It is a responsible position but not an overly onerous or laborious one.
VICSES Regional Manager and reporting issues and the outcomes to the respective Units and the VicSESVA State Board. The Regional Councils raise issues relevant to VICSES Volunteers to be presented to the VicSESVA State Board for the formulation of policy on the issues they perceive need to be addressed, and to further advocate an outcome with the VICSES CEO or VICSES Board for action.
Regional Council Positions Each Council elects members to undertake the following roles: • President • Secretary • Director • Alternate Director
VicSESVA Board The structure of VicSESVA was recently streamlined to involve Regional Councils to assist Units and Volunteers in the presentation of their local issues to the Regional Manager. This will enable the majority of local issues to be dealt with directly by those most affected by and able to rectify the issue. Regional Councils, via their elected Directors, minutes of meetings and unit reports will be able to keep the State Board informed of those issues so that the Board can recognise and monitor any wide ranging issues as they develop. If appropriate, the board will present them to the respective VICSES Management stream for resolution.
VicSESVA Board Positions • Chairperson • Vice Chairperson • Secretary • Treasurer • Board Member • Board Member • Board Member
PHOENIX MAGAZINE VicSESVA publishes the Phoenix magazine for VICSES volunteers. Phoenix is published four times a year and features articles and photos of interest, submitted by volunteers and staff.
WANT TO GET INVOLVED? As a VICSES volunteer, you are welcome to participate in a VicSESVA Regional Council. Meetings are held once a quarter at various Unit LHQs. The discussion is very informative and presents a great opportunity to network and share best practices across Units.
Regional Councils The elected delegates of the Units from within the region form their Regional Council. When units have been unsuccessful in raising issues themselves with their Regional Manager the Regional Council is charged with addressing those local issues with their respective
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CHARLES STURT UNIVERSITY
INTERNATIONAL POLICING AND SECURITY CONFERENCE 2018 DOLTONE HOUSE, DARLING ISLAND WHARF SYDNEY, AUSTRALIA
KEYNOTE SPEAKERS INCLUDE:
CONFERENCE THEMES
• Roger Bradbury, Professor, Cyberspace Research Program, National Security College, Australian National University
• Technology, Cyber Crime and Intelligence Challenges
• Hugh Mackay, author and social commentator
• International Education Trends for Law Enforcement and Security • Investigative Practice, Cold Case Inquiry and Serious/Serial Crime Investigation • Resilience, Wellbeing and Reshaping of the Law Enforcement Workplace • Youth Crime, Gangs and Inner City Violence • Counterterrorism and Security Challenges in the Private and Policing Sectors
• Peter Vaughan, former Chief Constable of South Wales Police (United Kingdom)
• Professor Bernhard Frevel, University of Applied Sciences for Public Administration and management of North Rhine-Westphalia (Germany) • Professor Colin Rogers, Australian Graduate School of Policing and Security, Charles Sturt University • Associate Professor Nick O’Brien, Head of School, Australian Graduate School of Policing and Security, Charles Sturt University Please note that the current list is provisional and may be subject to change.
For more information and to register, visit:
csu.edu.au/policingconference CSU – proudly supporting the policing community
Charles Sturt University CRICOS 00005F. © 2018 Charles Sturt University. F5644
7–8 NOVEMBER 2018