Australian Capital Territory Consolidated Acts

HEALTH ACT 1993 - SECT 189

    (1)     A doctor or dentist for a health facility does not incur personal civil liability for an act done or omission made that falls outside the doctor or dentist's scope of clinical practice at the health facility if done or made honestly and without recklessness to assist, or give advice about the assistance to be given to, a person who is apparently—

        (a)     injured or at risk of being injured; or

        (b)     in need of emergency medical assistance.

    (2)     However, the protection does not apply if—

        (a)     there is in force a professional indemnity insurance arrangement that covers the liability; or

        (b)     the doctor or dentist's capacity to exercise appropriate care and skill was, at the relevant time, significantly impaired by a recreational drug.

    (3)     In this section:

"recreational drug "means a drug consumed voluntarily for non-medicinal purposes, and includes alcohol.