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CIVIL LIABILITY ACT 2002 - SECT 35B Protection of good samaritans

CIVIL LIABILITY ACT 2002 - SECT 35B

Protection of good samaritans

(1)  A good samaritan is an individual who provides assistance, advice or care to another person in relation to an emergency or accident in circumstances in which –
(a) he or she expects no money or other financial reward for providing the assistance, advice or care; and
(b) as a result of the emergency or accident the person to whom, or in relation to whom, the assistance, advice or care is provided is ill, is at risk of death or injury, is injured, is apparently ill, is apparently at risk of death or injury or is apparently injured.
(2)  A good samaritan is not liable in any civil proceeding for anything done, or not done, by him or her in good faith and without recklessness –
(a) in providing assistance, advice or care at the scene of the emergency or accident; or
(b) in providing advice by telephone or by another means of communication to a person at the scene of the emergency or accident.
(3)  Subsection (2) applies even if the emergency or accident was caused by an act or omission of the good samaritan.
(4)  Subsection (2) does not apply to any act or omission of a good samaritan that occurs before the assistance, advice or care is provided by the good samaritan.