A Good Samaritan is defined as ‘as a person acting without expecting financial or other reward for providing assistance. Although jurisdictional differences exist, Volunteers are generally defined as a member of a Volunteer organisation performing voluntary community work.’
A Good Samaritan is under no legal obligation to rescue or assist a person with the exception being the Northern Territory where persons are required by law to render assistance, if able to do so.
Protection of good Samaritans in Australia is provided through the following State and Territory Acts:
New South Wales – Civil Liability Act 2002
Victoria – Wrongs Act 1958
Queensland – Law Reform Act 1995 (Qld) s 16 and Civil Liability Act 2003 (Qld) s 26
Western Australia – Civil Liability Act 2002
South Australia – Good Samaritans (Limitation of Liability) Bill 2002
Tasmania – Civil Liability Act 2002
Australian Capital Territory – Civil Law (Wrongs) Bill 2002
Northern Territory – Personal Injuries (Liabilities and Damages) Act
The Australian Resuscitation Council through its ANZCOR Guideline 10.5 details information on Legal and Ethical Issues Related to Resuscitation.
We would encourage our customers to familiarise themselves with this guideline or to obtain independent legal advice if they were wishing to clarify their particular situation.