49Liability of police officers and health care professionals exercising functions under this Act

49 Liability of police officers and health care professionals exercising functions under this Act

49 Liability of police officers and health care professionals exercising functions under this Act

(1) Any member of staff of the NSW Health Service, health care professional or police officer who, in good faith, exercises a function that is conferred or imposed on that person by or under this Act is not personally liable for any injury or damage caused by the exercise of that function.

(2) Nothing in this section, or any other provision of this Act or the regulations, relieves a medical practitioner or other person from liability in respect of carrying out medical treatment on a person to which the medical practitioner or other person would have been subject had the treatment been carried out with the person’s consent.

(3) Nothing in this section affects any exclusion from liability provided by another provision of this Act or any other law.

(4) In this section, health care professional means a registered health practitioner or a student within the meaning of the Health Practitioner Regulation National Law (NSW).

s 49: Am 2010 No 34, Sch 2.13; 2017 No 50, Sch 5.8.