South Australian Current Acts South Australian Current Acts (1) In this
section—
"emergency assistance" means—
(a)
emergency medical assistance; or
(b) any
other form of assistance to a person whose life or safety is endangered in a
situation of emergency;
"good samaritan" means—
(a) a
person who, acting without expectation of payment or other consideration,
comes to the aid of a person who is apparently in need of
emergency assistance; or
(b) a
medically qualified person who, acting without expectation of payment or other
consideration, gives advice by telephone or some other form of
telecommunication about the treatment of a person who is apparently in need of
emergency medical assistance;
"medically qualified"—a person is to be regarded as medically qualified
if the person—
(a) is a
registered medical practitioner; or
(b) has
professional qualifications in some field of health care that are statutorily
recognised; or
(c)
works or has worked as an ambulance officer or in some other recognised
paramedical capacity.
(2) A good samaritan
incurs no personal civil liability for an act or omission done or made in good
faith and without recklessness in assisting a person in apparent need of
emergency assistance.
(3) A
medically qualified good samaritan incurs no personal civil liability for
advice given about the assistance to be given to a person in apparent need of
emergency medical assistance.
(4) However—
(a) the
immunity does not extend to a liability that falls within the ambit of a
scheme of compulsory third party motor vehicle insurance; and
(b) the
immunity does not operate if the good samaritan's capacity to exercise due
care and skill was, at the relevant time, significantly impaired by alcohol or
another recreational drug.