7AExemption of health service workers

7A Exemption of health service workers

S. 7A(1) amended by No. 35/2012 s. 11(1).

(1) A health professional or health service security guard who is not a prohibited person and who possesses or carries a prohibited weapon, a controlled weapon or a dangerous article in a health service facility in the circumstances set out in subsection (3) does not commit an offence against section 5, 5AA, 5AB(1), 6 or 7 for so doing.

S. 7A(2) amended by No. 35/2012 s. 11(2).

(2) An ambulance officer who is not a prohibited person and who possesses or carries a prohibited weapon, a controlled weapon or a dangerous article in a health service facility or public place in the circumstances set out in subsection (3) does not commit an offence against section 5, 5AA, 5AB(1), 6 or 7 for so doing.

(3) For the purposes of subsections (1) and (2), the circumstances are that the health professional, health service security guard or ambulance worker—

(a) is carrying out his or her duties as a health professional, health service security guard or ambulance worker, as the case may be; and

(b) either—

(i) is given the prohibited weapon, controlled weapon or dangerous article by a patient; or

(ii) removes the prohibited weapon, controlled weapon or dangerous article from a patient; or

(iii) finds the prohibited weapon, controlled weapon or dangerous article in the vicinity of the patient; or

(iv) is given the prohibited weapon, controlled weapon or dangerous article by a health professional or ambulance worker who has taken possession of the weapon or article in the circumstances set out in this subsection.

S. 7A(4) amended by Nos 11/2011 s. 5, 37/2014 s. 10(Sch. item 28.2).

(4) A health professional, health security guard or ambulance worker who takes possession of a prohibited weapon, controlled weapon or dangerous article in the circumstances set out in subsection (3) must notify a police officer as soon as practicable after having taken possession of the prohibited weapon, controlled weapon or dangerous article.

(5) In this section—

ambulance worker means an operational staff member of the ambulance services as defined in the Ambulance Services Act 1986;

health professional means—

(a) a registered medical practitioner; or

(b) a nurse or midwife; or

(c) a registered psychologist;

health security guard means a security guard licensed under the Private Security Act 2004 when working in a health service facility as a contractor or an employee;