Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 56

Blood samples to be taken in certain cases18

56. Blood samples to be taken in certain cases18



(1) In this section-





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doctor means a registered medical practitioner and includes a police surgeon.



(2) If a person of or over the age of 15 years enters or is brought to a place
for examination or treatment in consequence of an accident (whether within
Victoria or not) involving a motor vehicle, the person must allow a doctor to
take from that person at that place a sample of that person's blood for
analysis.

Penalty: For a first offence, 12 penalty units; For a second offence, 120
penalty units or imprisonment for 12 months; For any other subsequent offence,
180 penalty units or imprisonment for 18 months.

(3) On convicting a person, or finding a person guilty, of an offence under
subsection (2) the court must, if the offender holds a driver licence or
permit, cancel that licence or permit and, whether or not the offender holds a
driver licence or permit, disqualify the offender from obtaining one for the
time that the court thinks fit, being not less than-

   (a)  for a first offence, 2 years; and

   (b)  for a subsequent offence, 4 years.

(4) Subsection (2) does not apply if-

   (a)  in the opinion of the doctor first responsible for the examination or
        treatment of the person the taking of a blood sample from that person
        would be prejudicial to his or her proper care and treatment; or



   (b)  a member of the police force has notified the doctor first responsible
        for the examination or treatment of the person, in writing, that the
        person has undergone a preliminary breath test which did not indicate
        that the prescribed concentration of alcohol was exceeded; or

   (c)  a member of the police force or a member of an ambulance service has
        notified the doctor first responsible for the examination or treatment
        of the person, in writing, that the person was an occupant of and was
        not driving or in charge of any vehicle involved in the accident; or

   (d)  a member of the police force or a doctor has notified the doctor first
        responsible for the examination or treatment of the person, in
        writing, that a sample of the person's blood was taken by a doctor
        before the person entered or was brought to the place for examination
        or treatment.

(5) A person to whom subsection (2) applies and who is unconscious or
otherwise unable to communicate must be taken to allow the taking of a sample
of his or her blood by a doctor at a place which he or she enters or to which
he or she is brought for examination or treatment.





(6) If a sample of a person's blood is taken in accordance with this section,
evidence of the taking of it, the analysis of it or the results of the
analysis must not be used in evidence in any legal proceedings except-

   (a)  for the purposes of section 57; or



   (b)  for the purposes of the Transport Accident Act 1986-

but may be given-

   (c)  to the Transport Accident Commission under the
        Transport Accident Act 1986 and, for the purposes of applications
        relating to that Act, to the Victorian Civil and Administrative
        Tribunal; and



   (d)  to the Corporation for the purposes of accident research.



(7) A person must not hinder or obstruct a doctor attempting to take a sample
of the blood of any other person in accordance with this section.

Penalty: 12 penalty units.

(8) No action lies against a doctor in respect of anything properly and
necessarily done by the doctor in the course of taking any sample of blood
which the doctor believes on reasonable grounds was required or allowed to be
taken from any person under this section.

(9) A blood sample that is, after 9 December 1987, taken from a person by a
doctor who honestly and reasonably believes that he or she is required to take
the sample, whether or not the person consents to the taking, is deemed to
have been taken by the doctor who was first responsible for the examination or
treatment of that person.