New South Wales Consolidated Acts New South Wales Consolidated Acts(cf Traffic Act, s 4F (4) and (5))
(1) A medical practitioner or nurse must not fail to take a person’s blood sample as required under this Division.Maximum penalty: 20 penalty units.
(2) It is a defence to a prosecution for an offence under subsection (1) if the medical practitioner or nurse satisfies the court that:(a) he or she believed on reasonable grounds that the taking of blood from the person from whom he or she was required by section 20 to take a sample of blood would be prejudicial to the proper care and treatment of the person, or(b) he or she did not believe that the person was at least 15 years of age and it was reasonable for him or her not to have so believed, or(c) he or she did not believe that the person had attended at or been admitted into the hospital in consequence of an accident on a road or road related area involving a vehicle or horse, or(d) without limiting paragraph (c)-he or she did not believe that the person was a person from whom he or she was required by section 20 to take a sample of blood and it was reasonable for him or her not to have so believed, or(e) the requirement that he or she take a sample of blood from the person arose after the expiration of 12 hours after the accident concerned occurred or he or she believed on reasonable grounds that the requirement so arose, or(f) he or she did not know, and could not with reasonable diligence have ascertained, which of 2 or more persons involved in an accident on a road or road related area involving a vehicle or horse was or were a person or persons from whom he or she was required by section 20 to take a sample or samples of blood, or(g) he or she was, by reason of the behaviour of the person, unable to take a sample of blood from the person at the time the person attended at or was admitted into the hospital or a reasonable time after so attending or being admitted, or(h) there was reasonable cause for him or her not to take a sample of blood from the person in accordance with this Division.