AustLII Tasmanian Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 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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