[BIL021-B.HAL]

House of Assembly—No. 12

[As laid on the table and read a first time, 30 May 2002]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of I.F. Evans, M.P.]

GOOD SAMARITANS (LIMITATION OF LIABILITY) BILL 2002

A Bill For

An Act to limit the liability of certain persons for injury arising out of genuine attempts to help victims in emergency situations.

[OPC-H17]

SUMMARY OF PROVISIONS

1.Short title

2.Commencement

3.Good samaritans

The Parliament of South Australia enacts as follows:

Short title

1. This Act may be cited as the Good Samaritans (Limitation of Liability) Act 2002.

Commencement

2. This Act will come into operation on a day to be fixed by proclamation.

Good samaritans

3. (1) A good samaritan is a person who, acting without any expectation of payment or any other form of consideration—

(a)comes to the aid of another (the victim) in an emergency; or

(b)gives advice by telephone or some other form of telecommunication about the treatment of another (the victim) who is apparently in need of emergency treatment.

(2) A good samaritan is not liable for personal injury to the victim arising out of a genuine attempt to help the victim unless gross negligence is established.

(3) This section does not apply if the injury is covered by a policy of third party motor vehicle insurance.

By Authority: J. D. Ferguson, Government Printer, South Australia