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PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003 - SECT 8 Good Samaritans

PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003 - SECT 8

Good Samaritans

    (1)     A good Samaritan does not incur personal civil liability for a personal injury caused by an act done in good faith and without recklessness while giving emergency assistance to a person.

    (2)     A good Samaritan with medical qualifications does not incur personal civil liability for advice, given in good faith and without recklessness, about the treatment of a person being given emergency medical assistance.

    (3)     This section does not apply if the good Samaritan was intoxicated while giving the assistance or advice.

    (4)     In this section:

"emergency assistance" means:

        (a)     emergency medical assistance; or

        (b)     any other form of assistance to a person whose life or safety is endangered in a situation of emergency.

"good Samaritan" means:

        (a)     a person who, acting without expectation of payment or other consideration, comes to the aid of a person who is apparently in need of emergency assistance; or

        (b)     a person with medical qualifications who, acting without expectation of payment or other consideration, gives advice about the treatment of a person who is apparently in need of emergency medical assistance.

"medical qualifications" means:

        (a)     qualifications as a medical practitioner;

        (b)     professional qualifications in a category of health care recognised by statute; or

        (c)     qualifications as an ambulance officer or in another recognised paramedical capacity.