Frequently Asked Questions

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Liability

What are the legal consequences for my organisation if one of our First Responders assists a cardiac arrest patient that does not have a positive outcome?

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”.

Location

Is my location suitable to join the Community First Responder Network?

If you have an Automated External Defibrillator at a fixed location within WA, it can be registered on the network. We do not currently register locations that are mobile, such as in vehicles.

My defibrillator isn’t available all the time – should it be registered?

Yes - almost all defibs should be registered on the Community First Responder Network. During the registration process you will be able to indicate the times and days when the defib is available. 

Responding to a call

What if I get a call from the St John triple zero call centre and I am unable to respond as the Community First Responder?

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.

What if my location doesn't have a landline; can we still register on the Community First Responder Network? Can I give you my mobile number?

If your location is a static location with no landline, we can still register your defibrillator on the CFR Network. We do endeavour to not use personal mobile numbers as emergency contact numbers.

Where a location does not have a contact number, we are able to list the specific position of the defibrillator in order to direct a caller to retrieve it. 

Defibrillators

Do I have to purchase the AED from St John?

No. CFR members are able to provide their own defibrillators if they choose and still sign up to the CFR program.

What AED accessories are available?

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.

What if I don’t have paediatric pads; can I use adult pads on a child under 8 years old or 25 kgs?

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.

Do I need specific training to use an AED?

No. AED portable defibrillators are designed to be easy to operate and most come with audio or visual instructions for ease of use. So, should a first aid situation occur in a workplace, at an event or even at home, it can be used to deliver treatment by a trained or untrained rescuer.

St John WA also provides accredited First Aid Training Courses in Perth which covers the appropriate use of an AED.

Where can I purchase a defibrillator?

Defibrillators can be purchased through our online store.

Membership

Our organisation may been seen as a competitor to St John. Can we still join the CFR program?

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.

How do I register our location on the CFRS?

To register your defibrillator please: