[BIL021-B.HAL]

House of Assembly—No. 12

 

[As laid on the table and read a first time, 30 May 2002]

 

South Australia

 

 

 

 

[Prepared by the Parliamentary Counsel on the instructions of I.F. Evans, M.P.]

 

GOOD SAMARITANS (LIMITATION OF LIABILITY) BILL 2002

 

 

A Bill For

 

An Act to limit the liability of certain persons for injury arising out of genuine attempts to help victims in emergency situations.

 

[OPC-H17]

                                                SUMMARY OF PROVISIONS

 

 

       1.Short title

       2.Commencement

       3.Good samaritans

 

The Parliament of South Australia enacts as follows:

 

 

Short title

       1. This Act may be cited as the Good Samaritans (Limitation of Liability) Act 2002.

 

Commencement

       2. This Act will come into operation on a day to be fixed by proclamation.

 

Good samaritans

       3.      (1) A good samaritan is a person who, acting without any expectation of payment or any other form of consideration—

 

(a)comes to the aid of another (the victim) in an emergency; or

 

(b)gives advice by telephone or some other form of telecommunication about the treatment of another (the victim) who is apparently in need of emergency treatment.

 

       (2) A good samaritan is not liable for personal injury to the victim arising out of a genuine attempt to help the victim unless gross negligence is established.

 

       (3) This section does not apply if the injury is covered by a policy of third party motor vehicle insurance.

 

                                       By Authority: J. D. Ferguson, Government Printer, South Australia