Australian Capital Territory Current Acts

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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 18

Protection of police officers and medical staff

    (1)     A police officer to whom this section applies who, in the exercise or intended exercise of a power given by this Act, takes a person into custody and takes the person to a place for the purpose of this Act, is not liable, only because of the taking into custody of the person and the holding of the person in custody, in an action arising out of the taking into custody of the person and holding of the person in custody.

    (2)     Subsection (1) applies to—

        (a)     a police officer who believes on reasonable grounds that a person who has been taken into custody is liable to be taken into custody; and

        (b)     if such a police officer has taken a person into custody and has placed the person in the custody of another police officer—that other police officer.

    (3)     A person who is taken into custody in relation to an offence against this Act must not be held in custody after—

        (a)     if the sample of the person's breath or oral fluid has been analysed—the time when the authorised operator gives the person the written statement mentioned in section 12 (5) or section 13E (6); or

        (b)     if the person is required to permit the taking of a sample of his or her blood or to submit to a medical examination—the sample of the blood of the person has been taken or the medical examination is completed; or

        (c)     the end of whichever of the periods mentioned in section 14 (1) applies in relation to the person.

    (4)     The Territory must indemnify and keep indemnified a doctor or nurse who carries out a specified procedure when required to do so by this Act in relation to any damages that the doctor or nurse becomes liable to pay as a result of carrying out the procedure.

    (5)     In subsection (4):

"specified procedure"—see section 17.

    (6)     Subsection (4) applies whether the person was or was not capable, because of the person's mental condition, of giving or refusing consent to the taking of a sample of blood or to the medical examination.



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