Obligations to Seek Emergency Assistance

A teacher, care provider or support worker should not hesitate to call an ambulance if he or she has any concerns about a Childs' or student's health and safety. Ambulance services encourage community members to put safety first. In South Australia there is generally no fee charged by the ambulance service where no treatment or transport is provided, and a reduced charge for treatment without transport.

The manager or home-based care provider should have an explicit policy, agreed to by parents, guardians and adult students, regarding the calling of, and payment for, emergency medical services.

When a child is being transported by ambulance, a worker should remain with the child until the parent, guardian or emergency contact arrives. The worker can choose to stay with a student over the age of medical consent (16 years in South Australia) but must leave if requested by the student.

Workers should not transport a sick or injured student themselves. On rare occasions, the ambulance service communication centre might advise an education or childcare worker to transport a child or student to medical assistance (for example, an ambulance may not be available in a country location because of a major road crash). In an emergency of this nature, at least two adults should accompany the child or student so that the driver is not distracted and the child or student can be constantly supervised. Employer guidelines should be followed.

The service should not cancel the ambulance once it has been called unless the child or student recovers and the ambulance communication centre have been consulted.

The emergency contact person nominated for a child or student must be notified as soon as possible if emergency services have been contacted. Sometimes the emergency contact person will question whether an ambulance is warranted. The first aider must ensure he or she has acted in line with his or her training. If the training requires calling an ambulance, then the emergency contact person for the child or student can be advised to discuss the matter directly with the ambulance service.

If the person administering first aid decides that an ambulance is not needed, but it would be advisable for the child or student to see a doctor, then the child's or student's emergency contact person should be informed as soon as possible. Sometimes the first aider will assess that referral to a medical practitioner is advisable and the parent, guardian or emergency contact cannot be reached. If the first aider's assessment is that waiting for the parent, guardian or contact person to arrive could jeopardise safety, staff should arrange for an ambulance to transport the child or student to the nearest hospital casualty department (rather than to the local medical practitioner).

Despite the obligation of an employee to administer first aid where necessary, and contribute to planning for health support of a child or student, there is a possibility that common law action could be brought against a staff member and/or the employer. The injured party would have to prove that the employee in question acted in a negligent manner.

If the matter proceeds to trial, a court would take into account factors such as:

If an employee can show that she or he acted in accordance with their duty of care and occupational health, safety and welfare obligations when assisting a child or student, a court would be hard-pressed to find negligence unless the treatment was so negligent that it actually worsened the child's or student's position.

Obligations to inform a parent, guardian or emergency contact person

Education and childcare workers have an obligation to ensure parents and guardians are informed about first aid provided to their children.

Older students can frequently take responsibility for informing parents and guardians about minor first aid such as minor cuts and soft tissue bruising. Some schools use a systems of diary stamps or notes to record that the students has received first aid assistance; parents and guardians can then seek further information. Parents and guardians should always be informed when there has been a head injury or staff members have provided first aid asthma medication.

Where children or students are known to have a potential first aid requirement (for example, for diabetes, seizures, asthma, and anaphylaxis), staff and families can negotiate the nature and timing of informing parents and guardians of first aid interventions. An ambulance must always be called if staff members have any concerns about their capacity to provide adequate emergency assistance.