A GOLD Coast rural firefighting brigade says it will dig into its own pocket to seek legal advice for one of its members who was allegedly assaulted while on duty.
Lower Beechmont Rural Fire Brigade’s Dean Cording alleges he was pushed down an embankment after responding to a burn-off during a total fire ban last December.
As a result, he fractured a pelvis and hip, spent days in hospital and weeks on crutches.
According to Mr Cording’s account, the alleged offender was arrested and “charged with Serious Assault Occasioning Bodily Harm on the basis that I was a public officer performing a function of the officer’s office”.
The property owner, however, argued against the charge by claiming a member of a Rural Fire Brigade was not a “public officer”.
The Queensland Police Service prosecutor dropped the serious assault charges against the property owner after the magistrate’s preliminary decision.
Mr Cording has continued to seek legal action but now says he is concerned about the potential for inadvertent and “far reaching legal implications” for RFS volunteers should he do so, including “loss of compensations rights”.
However, he says that Queensland Fire and Emergency Services have “made it very clear that I am not their client and that they are not able to provide me with any legal advice”.
Mr Cording said that his brigade held a special meeting that authorised the spending of brigade funds for the provision of independent legal advice for the brigade members involved in the incident of up to $30,000.
“It is anticipated that these legal expenses could, depending on the course of events, deplete all of the Brigade's operating and reserve funds,” he wrote.
“It should be highly concerning, not only to ourselves but to our donors and levy payers, that brigades have been put in the position of having to use their funds for legal expenses instead of operational activities, training, equipment upkeep, and the general improvement of our firefighting capacity to protect our communities.”
QFES Assistant Commissioner John Bolger wrote a letter to Mr Cording in October which said the agency was looking at ways to support him.
“I would like to reassure you that QFES is considering what action it may take in respect to the alleged assault against you,” the letter read.