HEALTH SERVICES ACT 1997 - SECT 139A
Liability of certain persons assisting in the exercise of functions under Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998
HEALTH SERVICES ACT 1997 - SECT 139A
Liability of certain persons assisting in the exercise of functions under Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998
139A Liability of certain persons assisting in the exercise of functions under
Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act
1998
(1) Any person who is a member of staff of the NSW Health Service who,
in good faith, assists a registered health practitioner who is exercising a
function that is conferred or imposed on the practitioner by or under Part 5
of the Guardianship Act 1987 or Part 1 of Chapter 9 of the Children and
Young Persons (Care and Protection) Act 1998 is not personally liable for any
injury or damage caused in assisting the practitioner in exercising any such
function.
(2) If subsection (1) prevents liability attaching to a person, the
liability attaches instead to the local health district, or statutory health
corporation, in which the member of the NSW Health Service was employed at the
time the assistance was rendered.
(3) Nothing in this section, or any other
provision of this Act, the Guardianship Act 1987, the Children and Young
Persons (Care and Protection) Act 1998 or the regulations relieves a
registered health practitioner or other person from liability in respect of
carrying out treatment on a patient or other person to which the registered
health practitioner or person would have been subject had the treatment been
carried out with the patient's or other person's consent.
