New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 20

20 Blood samples to be taken in hospitals from accident patients

(cf Traffic Act, s 4F (1)-(3))

(1) In this section, "accident patient" means a person at least 15 years of age who attends at or is admitted into a hospital for examination or treatment in consequence of an accident on a road or road related area (whether in New South Wales or elsewhere) involving a motor vehicle or other vehicle or a horse.

(2) Any medical practitioner by whom an accident patient is attended at a hospital is under a duty to take a sample of the patient’s blood for analysis as soon as practicable.

(3) The medical practitioner is under a duty to take the sample whether or not the accident patient consents to the taking of the sample.

(4) If there is no medical practitioner present to attend the accident patient at the hospital, the blood sample is to be taken by a registered nurse who is attending the patient and who is accredited by a hospital as competent to perform the sampling procedures.

(5) This section does not require the taking of a sample of blood from an accident patient unless, at the time of the accident concerned, the accident patient was:

(a) driving a motor vehicle involved in the accident, or

(b) occupying the driving seat of a motor vehicle involved in the accident and attempting to put the motor vehicle in motion, or

(c) a pedestrian involved in the accident, or

(d) driving or riding a vehicle (not being a motor vehicle) involved in the accident, or

(e) driving or riding a horse involved in the accident, or

(f) the holder of a driver licence and occupying the seat in the motor vehicle next to a holder of a learner licence who was driving a motor vehicle involved in the accident.

(6) A medical practitioner or nurse is not required by this section to take a sample of an accident patient’s blood:

(a) if a sample of the accident patient’s blood has already been taken in accordance with this section by another medical practitioner or nurse, or

(b) if the medical practitioner or nurse has been informed by a police officer (or has reasonable grounds to believe) that the sample is required to be taken for the purposes of Division 5.