236HProtection from liability

236H Protection from liability

236H Protection from liability

(1) A medical practitioner does not incur any civil or criminal liability in respect of anything properly and necessarily done by the practitioner in the course of taking, or being provided with, a sample of blood or a non-invasive sample from a member of correctional staff for the purpose of its being used by an analyst to detect the presence of alcohol or any prohibited drug or steroid if the practitioner—

(a) believed on reasonable grounds that he or she was required under this Act to take, or be provided with, the sample of blood or the non-invasive sample from the person, or

(b) was informed by an authorised person that the staff member was a person from whom the practitioner was required under this Act to take, or be provided with, the sample of blood or the non-invasive sample.

(2) Subsection (1) extends to a registered nurse, or any person acting under the supervision of the medical practitioner, who performs the functions of a medical practitioner under this Division in accordance with this Division or the regulations.

s 236H: Ins 2002 No 79, Sch 1 [14]. Am 2004 No 47, Sch 2 [5] [6]; 2004 No 94, Sch 1 [67]; 2008 No 108, Sch 1 [30].