Div 11Good samaritans

Division 11—Good samaritans 74—Good samaritans 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 medically qualified person who, acting without expectation of payment or other consideration, gives advice by telephone or some other form of telecommunication about the treatment of a person who is apparently in need of emergency medical assistance; medically qualified—a person is to be regarded as medically qualified if the person— (a) is a registered medical practitioner; or (b) has professional qualifications in some field of health care that are statutorily recognised; or (c) works or has worked as an ambulance officer or in some other recognised paramedical capacity. (2) A good samaritan incurs no personal civil liability for an act or omission done or made in good faith and without recklessness in assisting a person in apparent need of emergency assistance. (3) A medically qualified good samaritan incurs no personal civil liability for advice given about the assistance to be given to a person in apparent need of emergency medical assistance. (4) However— (a) the immunity does not extend to a liability that falls within the ambit of a scheme of compulsory third party motor vehicle insurance; and (b) the immunity does not operate if the good samaritan's capacity to exercise due care and skill was, at the relevant time, significantly impaired by alcohol or another recreational drug.