Civil Liability Act 1961

51D

F28 [ Protection of good samaritans from liability for negligence.

51D. (1) A good samaritan shall not be personally liable in negligence for any act done in an emergency when providing

( a ) assistance, advice or care to a person who is

(i) in serious and imminent danger, or apparently in serious and imminent danger, of being injured or further injured,

(ii) injured or apparently injured, or

(iii) suffering, or apparently suffering, from an illness,

or

( b ) advice by telephone or by another means of communication to a person (whether or not the person is a person referred to in paragraph (a) ) who is at the scene of the emergency.

(2) The protection from personal liability conferred on a good samaritan by subsection (1) applies even if the emergency is caused by an act of the good samaritan.

(3) The protection from personal liability conferred on a good samaritan by subsection (1) shall not apply to

( a ) any act done by the good samaritan in bad faith or with gross negligence, or

( b ) any act done by the good samaritan when providing assistance, advice or care in circumstances where the good samaritan has a duty (whether imposed by or under any enactment or any other rule of law) to provide such assistance, advice or care. ]

Annotations:

Amendments:

F28

Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 4, commenced on enactment.