Question

Identify the piece of good Samaritan™ legislation relevant to your State/Territory. Briefly outline the application of the identified Act in the provision of first aid (in 30-50 words).

Answer 1

Statements to the effect that going beyond one’s qualifications takes a person outside the good Samaritan protections shows a fundamental misunderstanding of those protections and why they are there. In short a person does not ‘forgo protections under the Good Samaritan Act if one goes beyond his or her current certification to deliver first aid’.

Nearly all Australian states and territories have in place good Samaritan legislation to ensure that people who step forward to provide emergency medical assistance are not held legally liable for their actions provided they act in good faith (Civil Laws (Wrongs) Act 2002 (ACT) s 5; Civil Liability Act 2002 (NSW) s 57; Personal Injuries (Liabilities and Damages) Act (NT) s 8; Civil Liability Act 1936 (SA) s 74; Civil Liability Act 2002(Tas) s 35B; Wrongs Act 1958 (Vic) s 31B; Civil Liability Act 2002 (WA) s 5AD).

These provisions were introduced following the Ipp Review into the Law of Negligence even though the Review did not recommend that any such legislation was necessary. The Review’s final report said (emphasis added):