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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CIVIL LIABILITY AMENDMENT BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Application of Act)
5. Parts 8A and 8B inserted
PART 8A - Good Samaritans
35A. Application of Part
35B. Protection of good samaritans
35C. Exclusion from protection
PART 8B - Food Donors
35D. Interpretation
35E. Application of Part
35F. Protection of food donors
[Bill 34]-I
2
CIVIL LIABILITY AMENDMENT BILL 2008
(Brought in by the Minister for Justice, the Honourable David
Edward Llewellyn)
A BILL FOR
An Act to amend the Civil Liability Act 2002
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Civil Liability
Amendment Act 2008.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Civil Liability Act 2002* is
referred to as the Principal Act.
*No. 54 of 2002
[Bill 34] 3
Civil Liability Amendment Act 2008
Act No. of
s. 4
4. Section 4 amended (Application of Act)
Section 4 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) Parts 8A and 8B do not apply in relation
to a cause of action accrued before the
commencement of the Civil Liability
Amendment Act 2008.
5. Parts 8A and 8B inserted
After section 35 of the Principal Act, the
following Parts are inserted:
PART 8A - GOOD SAMARITANS
35A. Application of Part
(1) This Part applies to civil liability of any
kind.
(2) This Part does not apply to civil liability
that is excluded from the operation of
this Part by section 3B.
35B. Protection of good samaritans
(1) A good samaritan is an individual who
provides assistance, advice or care to
another person in relation to an
emergency or accident in circumstances
in which -
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Civil Liability Amendment Act 2008
Act No. of
s. 5
(a) he or she expects no money or
other financial reward for
providing the assistance, advice
or care; and
(b) as a result of the emergency or
accident the person to whom, or
in relation to whom, the
assistance, advice or care is
provided is ill, is at risk of death
or injury, is injured, is apparently
ill, is apparently at risk of death
or injury or is apparently injured.
(2) A good samaritan is not liable in any
civil proceeding for anything done, or not
done, by him or her in good faith and
without recklessness -
(a) in providing assistance, advice or
care at the scene of the
emergency or accident; or
(b) in providing advice by telephone
or by another means of
communication to a person at the
scene of the emergency or
accident.
(3) Subsection (2) applies even if the
emergency or accident was caused by an
act or omission of the good samaritan.
(4) Subsection (2) does not apply to any act
or omission of a good samaritan that
occurs before the assistance, advice or
care is provided by the good samaritan.
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Civil Liability Amendment Act 2008
Act No. of
s. 5
35C. Exclusion from protection
(1) The protection from personal liability
conferred by this Part in respect of an act
or omission does not apply if -
(a) the ability of the good samaritan
to exercise reasonable care and
skill was significantly impaired
by reason of the good samaritan
being under the influence of
alcohol or a drug voluntarily
consumed (whether or not it was
consumed for medication); and
(b) the good samaritan failed to
exercise reasonable care and skill
in connection with the act or
omission.
(2) This Part does not confer protection from
personal liability on a person in respect
of any act or omission done or made
while the person is impersonating a
health care or emergency services worker
or a police officer or is otherwise falsely
representing that the person has skills or
expertise in connection with the
rendering of emergency assistance.
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Civil Liability Amendment Act 2008
Act No. of
s. 5
PART 8B - FOOD DONORS
35D. Interpretation
In this Part -
"donate" food includes distribute,
without payment or other reward,
food donated by others;
"food" has the same meaning as in the
Food Act 2003;
"handling" has the same meaning as
in the Food Act 2003.
35E. Application of Part
(1) This Part applies to civil liability of any
kind.
(2) This Part does not apply to civil liability
that is excluded from the operation of
this Part by section 3B.
35F. Protection of food donors
(1) A person who donates food (the "food
donor") does not incur any civil liability
in respect of any death or personal injury
that results from the consumption of the
food if -
(a) the food donor donated the food -
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Civil Liability Amendment Act 2008
Act No. of
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(i) in good faith for a
charitable or benevolent
purpose; and
(ii) with the intention that the
consumer of the food
would not have to pay for
the food; and
(b) the food was safe to consume at
the time it left the possession or
control of the food donor; and
(c) where the food was of a nature
that required it to be handled in a
particular way to ensure that it
remained safe to consume after it
left the possession or control of
the food donor, the food donor
informed the person to whom the
food donor gave the food of those
handling requirements; and
(d) where the food would only have
remained safe to consume for a
particular period of time after it
left the possession or control of
the food donor, the food donor
informed the person to whom the
food donor gave the food of that
time limit.
(2) For the purposes of this section, food is
safe to consume if it is not unsafe, within
the meaning of the Food Act 2003.
8 Government Printer, Tasmania