New South Wales Repealed Acts

This legislation has been repealed.

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 39

39 Personal liability for good faith taking of samples

(cf Traffic Act, ss 4F (11) and 5AC (9))

(1) A medical practitioner, nurse or prescribed sample taker does not incur any civil or criminal liability in respect of anything properly and necessarily done by the practitioner, nurse or prescribed sample taker in the course of taking a sample of blood or urine from a person for the purpose of its being used by an analyst to detect the presence of any drug if the practitioner, nurse or prescribed sample taker:

(a) believed on reasonable grounds that he or she was required under this Act to take the sample of blood or urine from the person, or

(b) believed on reasonable grounds that the person was involved in an accident on a road or road related area (whether in New South Wales or elsewhere) involving a vehicle or horse and he or she did not know, and could not with reasonable diligence have ascertained, whether or not he or she was required to take the sample from the person under Division 4 or 4A, or

(c) was informed by a police officer that the person was a person from whom the practitioner, nurse or prescribed sample taker was required under this Act to take the sample of blood or urine.

(2) Subsection (1) extends to any person acting under the supervision of the medical practitioner, nurse or prescribed sample taker as referred to in section 18E (7), 24, 24B (9) or 27 (6).

(3) This section applies despite section 243 of the Road Transport (General) Act 2005 .