139ALiability of certain persons assisting in the exercise of functions under Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998

#### 139A Liability of certain persons assisting in the exercise of functions under Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998 139A Liability of certain persons assisting in the exercise of functions under [Guardianship Act 1987](/view/html/inforce/current/act-1987-257) and [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) > > (1) Any person who is a member of staff of the NSW Health Service who, in good faith, assists a registered health practitioner who is exercising a function that is conferred or imposed on the practitioner by or under Part 5 of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257) or Part 1 of Chapter 9 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) is not personally liable for any injury or damage caused in assisting the practitioner in exercising any such function. > > > (2) If subsection (1) prevents liability attaching to a person, the liability attaches instead to the local health district, or statutory health corporation, in which the member of the NSW Health Service was employed at the time the assistance was rendered. > > > (3) Nothing in this section, or any other provision of this Act, the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) or the regulations relieves a registered health practitioner or other person from liability in respect of carrying out treatment on a patient or other person to which the registered health practitioner or person would have been subject had the treatment been carried out with the patient’s or other person’s consent. > > > (4) Nothing in this section affects any exclusion from liability provided by another provision of this Act, the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) or any other law. > > > (5) In this section, registered health practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > **s 139A:** Ins 2016 No 45, Sch 2 \[10\].