189Protection of practitioner from liability in emergency

189 Protection of practitioner from liability in emergency (1) A practitioner for a health facility does not incur personal civil liability for an act done or omission made that falls outside the practitioner’s scope of clinical practice at the health facility if done or made honestly and without recklessness to assist, or give advice about the assistance to be given to, a person who is apparently— (a) injured or at risk of being injured; or (b) in need of emergency medical assistance. (2) However, the protection does not apply if— (a) there is in force a professional indemnity insurance arrangement that covers the liability; or (b) the practitioner’s capacity to exercise appropriate care and skill was, at the relevant time, significantly impaired by a recreational drug. recreational drug means a drug consumed voluntarily for non-medicinal purposes, and includes alcohol.