Protecting volunteers: a review of recent legislative developments

Abstract

The NSW Parliament has introduced via the Civil Liability Act 2002 (NSW) various provisions that are designed to modify the law of negligence as it applies to Good Samaritans and volunteers. These provisions will be relevant in the context of health and medical law as many health services are provided by 'Good Samaritans' (traditionally the person who comes across an accident and who may be a qualified health professional or simply a concerned member of the community) and volunteers, (for example members of an organisation that provides emergency care to the sick and injured, for example the St John Ambulance, Australian Red Cross, Surf Lifesaving etc.) This paper will consider the perceived need that the parliament was seeking to meet with this legislation and will consider the impact the legislation may have both for those that provide care and those that receive care.