Copyright © Government of South Australia 2002
All legislation herein is reproduced by permission but does not purport to be the official or authorised version. It is subject to Copyright. The Copyright Act, 1968 (Cth) permits certain reproduction and publication of South Australian legislation. In particular s. 182A of the Act enables a complete copy to be made by or on behalf of a particular person. For the reproduction or publication beyond that permitted by the Act, permission should be sought in writing from the South Australian Attorney-General's Department. Requests in the first instance should be addressed to the Attorney-General.

GOOD SAMARITANS (LIMITATION OF LIABILITY) BILL
The Hon. I.F. EVANS (Minister for Recreation, Sport and Racing) obtained leave and introduced 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. Read a first time.

The Hon. I.F. EVANS: I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Mr Speaker, I introduce to the House today a Bill which will ensure that a person who provides emergency care, advice or counselling to a person in immediate need of aid, will be protected from liability for civil damages, unless that person is grossly negligent, reckless, or engages in intentional misconduct.

The intent behind this proposed law is clear; the Bill is designed to encourage more people to act and become involved in emergency situations-to step in and lend a hand. This immediate attention is often critical at the scene of a road accident, for example, but it is equally as important in any emergency, especially those that occur in remote areas of the State where ambulance or rescue help is often some time away.

Despite this, at present, the civil liability risk of persons who do step in and provide emergency care, advice or counselling at the site of an emergency remains unclear in South Australia.

In fact, while there are very few decided court cases on the subject, it seems to be accepted that a Good Samaritan, who freely tries their best to assist, can be liable where, through their actions, the victim's situation is unintentionally worsened.

In our increasingly litigious society it would seem then, that the incentive to attempt to provide emergency care, advice or counselling to victims is under threat. The disincentive is even greater in the case of health professionals where professional indemnity insurance does not apply when actions are taken outside of the normal course of duty.

But this Bill does more than help save lives-it is designed to promote community spirit in the face of adversity. It makes it clear that well-intentioned efforts voluntarily undertaken by would-be rescuers, including doctors and nurses, are protected and encouraged.

However, this Bill does not make it compulsory to help-the duty to assist remains a moral issue and not a legal duty, and of course a victim is, if conscious and aware of his or her situation, entitled to refuse the assistance offered by a good samaritan. But if there ever were an argument for protecting those who do choose to help, now is the time.

I commend this Bill to honourable members.

Explanation of Clauses

Clause 1: Short title

Clause 2: Commencement

These clauses are formal.

Clause 3: Good samaritans

Clause 3(1) establishes that a good samaritan is a person who, with no expectation of payment or reward, comes to the aid of another in an emergency situation or gives telephone advice for the purpose of assisting in the provision of emergency treatment.

Clause 3(2) limits the liability of a good samaritan for any personal injury suffered as a result of well intentioned intervention in an emergency situation. If a victim suffers harm as a result of a good samaritan's genuine attempt to provide assistance, the good samaritan is not liable to pay compensation to the victim. The good samaritan is not entitled to this protection if it is established that the victim's injury is the result of gross negligence on the part of the good samaritan.

Clause 3(3) states that the section does not apply if the victim's injury is covered by a policy of third party motor vehicle insurance.

Ms HURLEY secured the adjournment of the debate.