191Liability of certain persons exercising functions under this Act or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020

#### 191 Liability of certain persons exercising functions under this Act or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 191 Liability of certain persons exercising functions under this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) (cf 1990 Act, s 294) > > (1) Any police officer, health care professional or ambulance officer who, in good faith, exercises a function that is conferred or imposed on that person by or under this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) is not personally liable for any injury or damage caused by the exercise of that function. > > > (1A) Without limiting subsection (1), any person who is a member of staff of the NSW Health Service who, in good faith— > > > > > (a) exercises a function that is conferred or imposed on the person by or under this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012), or > > > > > (b) assists a health care professional or ambulance officer who is exercising a function that is conferred or imposed on the health care professional or ambulance officer by or under this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012), > > > > is not personally liable for any injury or damage caused in exercising, or in assisting the health care professional or ambulance officer in exercising, any such function. > > > (2) Nothing in this section, or any other provision of this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) or the regulations, relieves a medical practitioner or other person from liability in respect of carrying out medical treatment on a patient or other person to which the medical practitioner or person would have been subject had the treatment been carried out with the patient’s or other person’s consent. > > > (3) Nothing in this section affects any exclusion from liability provided by another provision of this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) 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)](/view/html/inforce/current/act-2009-86a). > > **s 191:** Am 2008 No 79, Sch 2 \[47\]; 2010 No 34, Sch 2.33 \[2\]; 2015 No 38, Sch 2; 2017 No 50, Sch 5.20; 2020 No 12, Sch 3.17\[30\] \[31\].