Associate Professor Michael Eburn

Honourary Associate Professor
College of Law

I was born and grew up in Sydney.  I attended the University of New South Wales, graduating with a Bachelor of Commerce (Economics)/Bachelor of Laws in 1988.   After a period as an ambulance officer with NSW Ambulance, I commenced legal practice in Coonamble NSW where I continued to serve as an honorary (volunteer) ambulance officer with NSW Ambulance.  After 2 years I returned to Sydney and took up a position as a legal officer with NSW Health before going to the Bar in 1992. 

In 1994 I left full time legal practice and Sydney to take up a position at the new School of Law at the University of New England ('UNE').  During my time at UNE I taught in the areas of criminal law and procedure, torts, health law and advocacy.   I left UNE in 2010 to take up my appointment at the ANU. I was initially appointed to both the Fenner School of Environment and Society and the ANU College of Law, but from 1 July 2013 I have been full time in the ANU College of Law, but I retain my links as a visiting fellow and continue to work with colleagues in the Fenner School of fire and emergency management law and policy.

I am married with two teenage daughters.

 

Research interests

The law of emergency management and the operation of the emergency services such as fire brigades, rescue  and ambulance services.

International disaster response laws and policies.  

  • Eburn, M, Collins, A & da Costa, K 2019, 'Recognising Limits of International Law in Disaster Risk Reduction as Problem and Solution', in Katja L.H. Samuel, Marie Aronsson-Storrier and Kirsten Nakjavani Bookmiller (ed.), The Cambridge Handbook of Disaster Risk Reduction and International Law, Cambridge University Press, Cambridge.
  • Eburn, M 2019, 'Registered Paramedics, Insurance and First Aid“ Looking for Coherence in Law', Australasian Journal of Paramedicine, vol. 16, pp. 1-7.
  • Hunt, S & Eburn, M 2018, 'How can business share responsibility for disaster resilience?', Australian Journal of Public Administration, vol. 77, no. 3, pp. 482-491pp.
  • Cole, L, Dovers, S, Gough, M et al 2018, 'Can major post-event inquiries and reviews contribute to lessons management?', Australian Journal of Emergency Management, vol. 33, no. 2, pp. 34-39pp.
  • Eburn, M & Townsend, R 2018, Professional insurance for paramedics, pp. 20-21pp.
  • Eburn, M & Townsend, R 2017, Coming to a person's aid when off duty, pp. 1-7.
  • Eburn, M & Dovers, S 2017, 'Reviewing high-risk and high-consequence decisions: finding a safer way', Australian Journal of Emergency Management, vol. 32, no. 4, pp. 26-29.
  • McDonald, F, Eburn, M & Smith, E 2017, 'Legal and Ethical Aspects of Disaster Management', in Gerry FitzGerald, Mike Tarrant, Peter Aitken and Marie Fredriksen (ed.), Disaster Health Management: A Primer for Students and Practitioners, Routledge, Taylor & Francis Group, United Kingdom, pp. 58-69pp.
  • Eburn, M & Clune, T 2017, 'Blue green algae in the Murray Darling Basin: A case for Commonwealth leadership', Australian Journal of Emergency Management, vol. 32, no. 3, pp. 46-51pp.
  • Townsend, R & Eburn, M 2017, Paramedic registration and paramedic professionalisation. Where we are up to and where to next? Part 2, pp. 16-17pp.
  • Eburn M & Cary GJ (2017) You own the fuel, but who owns the fire? International Journal of Wildland Fire 26, 999-1008.
  • Lukasiewicz, A, Dovers, S & Eburn, M 2017, 'Shared responsiblity: the who, what and how', Shared responsibility: the who, what and how. Environmental Hazards, 16(4), pp.291-313.
  • Lukasiewicz, A, Eburn, M & Dovers, S 2016, 'Community Obligations in Shared Responsibility: Policy Pathways for Resilience', International Conference on Building Resilience, ed. Niluka Domingo and Suzanne Wilkinson, 6th International Conference on Building Resilience, Auckland, New Zealand, pp. 517-528pp.
  • Eburn, M 2016, 'The international law of wildfires', in Susan C. Breau and Katja L.H. Samuel (ed.), Research Handbook on Disasters and International Law, Edward Elgar Publishing, Cheltenham, UK and Northampton, MA, USA, pp. 336-357pp.
  • Eburn, M, Howie, R, Sattler, P et al 2016, Criminal Law and Procedure in New South Wales (5th edition), LexisNexis Butterworths, Australia.
  • Eburn, M & Townsend, R 2016, Paramedics and the Mentally Ill - Victoria, pp. 38-39pp.
  • Eburn, M & Townsend, R 2016, Responding to emergencies - reporting crime, pp. 18-20pp.
  • Townsend, R & Eburn, M 2015, Registration of Paramedics, pp. 28-29pp.
  • Townsend, R & Eburn, M 2015, Paramedic Fatigue and Work Health and Safety, pp. 30-32pp.
  • Eburn, M 2015, 'Disaster Risk Reduction in the Shadow of the Law', in A E Collins, S Jones, B Manyena, J Jayawickrama (ed.), Hazards, Risks, and Disasters in Society, Elsevier, Amsterdam Netherlands, pp. 255-271.
  • Eburn, M 2015, 'Managing 'civil contingencies' in Australia', in Clive Walker (ed.), Contingencies, Resilience and Legal Constitutionalism, Routledge Taylor & Francis Group, Oxford, UK, p. 160.
  • Eburn, M 2015, 'Are Fire Brigades Liable for Poor Operational Decisions?', The Bulletin, vol. 37, no. 1, pp. 8-11pp.
  • Eburn, M & Dovers, S 2015, 'Learning Lessons from Disasters: Alternatives to Royal Commissions and Other Quasi-Judicial Inquiries', Australian Journal of Public Administration, vol. 74, no. 4, pp. 495-508.
  • McLennan, B & Eburn, M 2015, 'Exposing hidden-value trade-offs: sharing wildfire management responsibility between government and citizens', International Journal of Wildland Fire, vol. 24, no. 2, pp. 162-169pp.
  • Eburn, M 2015, Taking Photos on an Australian Fire Ground, pp. 66-67pp.
  • Eburn, M 2015, Nurses as 'Good Samaritans'.
  • Bradley, E, Townsend, R & Eburn, M 2015, 'Paramedics and act mental health legislation', Australasian Journal of Paramedicine, vol. 12, no. 4, pp. 1-6.
  • Eburn, M 2015, 'Bushfires and Australian emergency management law and policy: Adapting to climate change and the new fire and emergency management environment', Studies in Law Politics and Society, vol. 68, pp. 155-188.
  • Eburn, M & Dovers, S 2014, 'Legal Aspects of Risk Management in Australia', Journal of Integrated Disaster Risk Management (IDRiM), vol. 4, no. 1, pp. 61-72.
  • Eburn, M, Howie, R & Sattler, P 2014, Hayes & Eburn Criminal Law and Procedure in New South Wales, LexisNexis Butterworths, Australia.
  • Eburn, M & Dovers, S 2014, 'How chief officers view success in fire policy and management', Australian Journal of Emergency Management, vol. 29, no. 3, pp. 16-21.
  • Eburn, M & Townsend, R 2014, Professional Discipline for Registered Health Professionals: Lessons for Australian Paramedics, pp. 41-43pp.
  • Eburn, M & Townsend, R 2014, Restricting Paramedic Practice - an Issue of Professional Practice, pp. 33-35pp.
  • Eburn, M 2014, Incident Controllers - making decisions in the shadow of the law, pp. 17-19pp.
  • Eburn, M & Townsend, R 2014, Crossing the line - the law and ethics of going beyond the wire, pp. 41-42pp.
  • Eburn, M, Howie, R & Sattler, P 2014, Criminal Law and Procedure in New South Wales - 4th edition, LexisNexis Butterworths, Chatswood NSW.
  • Eburn, M 2014, 'Managing ˜civil contingencies" in Australia', The International Journal of Human Rights, vol. 18, no. 2, pp. 143-158.
  • McLennan, B, Weir, J, Eburn, M et al 2014, 'Negotiating risk and responsibility through law, policy and planning', Australian Journal of Emergency Management, vol. 29(3): 22-28.
  • Eburn, M 2013, Emergency law : rights, liabilities and duties of emergency workers and volunteers, The Federation Press, Annandale, NSW.
  • Eburn, M 2013, The Law of Driving Under Emergency Conditions, pp. 24-26pp.
  • Eburn, M 2013, 'The Role of Law in Disaster Management', Journal of Geography & Natural Disasters, vol. 3, no. 2, p. 2.
  • Eburn, M 2013, 'Do Australian Fire Brigades Owe a Common Law Duty of Care? A Review of Three Recent Cases', Victoria University Law and Justice Journal, vol. 3, pp. 65-78.
  • Eburn, M 2013, 'International Disaster Law', in S Alam, J H Bhuiyan, T M R Chowdhury, E Techera (ed.), Routledge Handbook of International Environmental Law, Routledge, Taylor & Francis Group, Oxon UK, pp. 633-648.
  • Eburn, M 2013, 'Understanding fire law - Potential liabilities: Presentation at the New Zealand Regional Rural Fire Authorities Chairpersons Conference', New Zealand Regional Rural Fire Authorities Chairpersons Conference, New Zealand Regional Rural Fire Authority, New Zealand, pp. 10pp.
  • Eburn, M 2013, 'On legal precedents: Sharing responsibility', Regenerating people, place, prosperity, preparedness, Kinglake Ranges Community Resilience Committee, Kinglake, pp. 6pp.
  • Eburn, M 2013, 'STANDING COMMITTEE - Recent trends in and preparedness for extreme weather events'.
  • Eburn, M 2013, 'Legal Issues around civil contingencies in Australia: All hazards? All agencies?', In search of resilience: exploring shifting paradigms of contingency management - legal perspectives on contingencies and resilience, University of Leeds, Leeds, pp. 15pp.
  • Eburn, M 2013, 'Developing 'resilient communities' that 'share responsibility' - issues for law', Building community and organisational resilience, Australian Institute of Emergency Services (SA Branch), Adelaide, pp. 14pp.
  • Eburn, M 2013, 'FLYER - Have you ever asked yourself 'what if something went seriously wrong during a fire and who is responsible?''.
  • Eburn, M 2013, 'Suing the Australian fire brigades: a question of duty', New South Wales Rural Fire Service Association Biennial Conference, New South Wales Rural Fire Service Association, New South Wales, pp. 13pp.
  • Eburn, M 2013, 'I'm a volunteer: What's the law got to do with it?', NSW State Emergency Service Southern Highlands Controllers' Conference, New South Wales State Emergency Service, Southern Highlands Australia.
  • Eburn, M 2013, 'What does success look like? A legal perspective', Australasian Fire and Emergency Services Authorities Council (AFAC) Executive Command Forum, Australasian Fire and Emergency Services Authorities Council (AFAC), Manly, pp. 38pp.
  • Eburn, M 2013, 'PRESENTATION - Courts and Royal Commissions: Presentation at Queensland Fire and Rescue Level III Incident Controllers' course'.
  • Eburn, M 2013, Learning lessons from disaster.
  • Eburn, M & Dovers, S 2013, 'Risk management from a legal and governance perspective', Dealing with disaster, International Society for Integrated Disaster Risk Management, Newcastle, England, pp. 1-18.
  • Eburn, M 2013, 'Mainstreaming law and policy: Presentation to national round table for bushfire research', National Congress of the Planning Institute of Australia 2013, Planning Institute Australia, Australia.
  • Eburn, M 2013, 'PRESENTATION - Learning lessons from Australian disasters: Public lecture, Emergency Planning College, York, UK'.
  • Eburn, M 2013, 'I'm an officer get me out of here!Some preliminary points'.
  • Eburn, M 2012, 'Sharing responsibility and community resilience: The role of law in converting policy to action', in Dr. M Clarke, G Griffin (ed.), Next Generation Disaster and Security Management, Collaborative Publications, Australia, pp. 18-29.
  • Eburn, M 2012, 'Enforcing safety with law - implications for incident controllers and fire agencies', International Wildland Fire Safety Summit 2012, International Association of Wildland Fire, Sydney Australia, pp. 46-53pp.
  • Eburn, M & Dovers, S 2012, 'Sharing responsibility with governments and their agencies', Human Dimensions of Wildland Fire Conference 2012, International Association of Wildland Fire, Montana USA, pp. 1-9.
  • Eburn, M 2012, Background Report: Law and Regulation for the Reduction of Risk from Natural Disasters in Australia.
  • Eburn, M 2012, 'The emerging legal issue of failure to warn', Australian Journal of Emergency Management, vol. 27, no. 1, pp. 52-55pp.
  • Eburn, M & Bergin, A 2012, Recriminations follow natural disasters, pp. online.
  • Eburn, M & Handmer, J 2012, 'Legal issues and information on natural hazards', Local Government Law Journal, vol. 17, pp. 19-26.
  • Eburn, M 2012, 'Emergency services and health and safety', Crisis Response Journal, vol. 8, no. 1, pp. 10-13pp.
  • Eburn, M & Dovers, S 2012, Mainstreaming fire and emergency management - What is possible? What is feasible?, pp. 1-4pp.
  • Eburn, M 2012, Protecting those who protect us: Legal questions answered for emergency management, pp. 5-7pp.
  • Eburn, M & Dovers, S 2012, 'Australian Wildfire Litigation', International Journal of Wildland Fire, vol. 21, no. 5, pp. 488-497.
  • Eburn, M & Dovers, S 2012, 'Mainstreaming fire and emergency management across legal and policy sectors: Preliminary findings on measures of success', Australian Journal of Emergency Management, vol. 27, no. 2, pp. 14-19.
  • Eburn, M & Townsend, R 2012, Resignation now could help O'Shane preserve a proud legacy, p. 2. Sydney Morning Herald
  • Eburn, M & Dovers, S 2011, The Stakes Are High for Australian Emergency Managers, pp. 31-32pp.
  • Eburn, M 2011, 'Changes to occupational health and safety laws and the impact on volunteers in the emergency services', Australian Journal of Emergency Management, vol. 26, no. 4, pp. 45-49pp.
  • Eburn, M & Jackman, B 2011, 'Mainstreaming fire and emergency management into law', Environmental and Planning Law Journal, vol. 28, no. 2, pp. 59-76.
  • Eburn, M 2011, 'Responding to Catastrophic Natural Disasters and the Need for Commonwealth Legislation', Canberra Law Review, vol. 10, no. 3, pp. 81-102pp.
  • Eburn, M & Dovers, S 2011, Understanding Fire Law, pp. 1-2pp.
  • Eburn, M & Dovers, S 2011, 'Governments and emergency response', Bushfire CRC & AFAC 2011 Conference Science Day, ed. R.P. Thornton, Bushfire CRC, Melbourne, Victoria, pp. 1-9.
  • Eburn, M 2011, 'Reforming Victoria's Emergency Management Arrangements: Towards a more disaster resilient and safer Victoria. Who is in charge?'.
  • Eburn, M 2010, Australia's International Disaster Response: Laws, Rules and Principles, Vdm Verlag Dr Muller, USA, UK and Germany.
  • Eburn, M & Bendall, J 2010, 'The provision of Ambulance Services in Australia: a legal argument for the national registration of paramedics', Journal of Emergency Primary Health Care, vol. 8, no. 4, pp. 1-9pp.
  • Eburn, M 2010, 'Media Access to Emergencies - Command, Control or Co-ordination?', Australian Journal of Emergency Management, vol. 25, no. 1, pp. 13-17.
  • Eburn, M 2010, Legal preparedness for international disaster response in Australia: Laws, Policies, Planning and Practices.
  • Eburn, M 2010, 'Liability of volunteers and good Samaritans: making it safe to volunteer or restricting claims for damage?', Australian Civil Liability, vol. 7, no. 2, pp. 14-18.
  • 'Volunteers and Good Samaritans' 2010 Lexis/Nexis Civil Liability Newsletter.
  • Hayes, R & Eburn, M 2009, Criminal Law and Procedure in New South Wales (3rd ed), LexisNexis Butterworths, Australia.
  • Eburn, M 2008, 'Litigation for failure to warn of natural hazards and community resilience', Australian Journal of Emergency Management, vol. 23, no. 2, pp. 9-13.
  • Eburn, M 2007, 'A case study of tort liability for fire damage', Australian Journal of Emergency Management, vol. 22, no. 1, pp. 44-48.
  • Eburn, M 2007, 'Ambulance Service of NSW v Worley; further legal lessons for the emergency services', Journal of Emergency Primary Health Care, vol. 5, no. 2, pp. Article no. 990235.
  • Eburn, M 2005, 'Outlawry in Colonial Australia: The Felons Apprehension Acts 1865-1899', Australia and New Zealand Law and History E-Journal, vol. 2005, pp. 80-93.
  • Eburn, M 2003, 'Protecting Volunteers?', Australian Journal of Emergency Management, vol. 18, no. 4, pp. 7-11.
  • Eburn, M 2001, 'A new model of provocation in New South Wales', Criminal Law Journal, vol. 25, pp. 206-214.
  • Eburn, M 1997, 'The Legal Status of a Living Abortus', Journal of Law and Medicine, vol. 4, pp. 373-378.
  • Eburn, M 'Emergency Law' (1st ed, 1999; 2nd ed, 2005; 3rd ed, 2010), The Federation Press
  • Eburn, M., 'Australia's International Disaster Response - Laws, Rules and Principles' (2010), VDM-Verlag, Saarbrucken, Germany
  • Eburn, M., 'Legal preparedness for international disaster response in Australia: Laws, Policies, Planning and Practices' (2010), International Federation of the Red Cross and Red Crescent Societies, Geneva.
  • Hayes R. and Eburn M., Criminal Law and Procedure in NSW (1st ed 2002; 2nd ed 2006; 3rd ed 2009), LexisNexis Butterworths, Sydney.
  • With Dr Jason Bendall, 'The provision of Ambulance Services in Australia: a legal argument for the national registration of paramedics'. (2010) 8 Journal of Emergency Primary Health Care, Article Number: 990414.
  • 'Media Access to Emergencies - Command, Control or Co-ordination?' (2010) 25(1) Australian Journal of Emergency Management 13-17.
  • 'Litigation for failure to warn of natural hazards and community resilience' (2008) 23 Australian Journal of Emergency Management 9-13
  • 'Canberra bushfires litigation' (2009) 28 Fire Update, 1-4 (Bushfire CRC)
  • Police and Emergency Services, Halsbury's Laws of Australia
  • 'Police and Emergency Services' Lexis/Nexis Concise Australian Legal Dictionary (4th ed, 2011), Lexis/Nexis Sydney