Civil Liability Act 1961


Liability For Negligence of Good Samaritans, Volunteers and Volunteer Organisations


Interpretation (Part IVA).

51A. (1) In this Part

emergency includes circumstances arising in connection with an actual or apprehended accident;

good samaritan means a person who, without expectation of payment or other reward, provides assistance, advice or care to another person in an emergency, but does not include a person who does so as a volunteer;

negligence does not include breach of statutory duty;

voluntary work means any work or other activity that is carried out for any of the following purposes:

( a ) a charitable purpose within the meaning of the Charities Act 2009 ;

( b ) without prejudice to the generality of paragraph (a) , the purpose of providing assistance, advice or care in an emergency or so as to prevent an emergency;

( c ) the purpose of sport or recreation;

volunteer means a person who does voluntary work that is authorised by a volunteer organisation and does so without expectation of payment (other than reasonable reimbursement for expenses) or other reward;

volunteer organisation means any body (whether or not incorporated) that is not formed for profit and that authorises the doing of voluntary work whether or not as the principal purpose of the organisation.

(2) A reference in this Part to the provision of assistance, advice or care to a person includes a reference to any of the following activities:

( a ) the administration of first-aid to the person;

( b ) the treatment of the person using an automated external defibrillator;

( c ) the transportation of the person from the scene of an emergency to a hospital or other place for the purposes of ensuring the person receives medical care.

(3) Nothing in subsection (2) shall operate to limit the nature of activities that may constitute assistance, advice or care for the purposes of this Part. ]




Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 4, commenced on enactment.