Safer Care Victoria says:
“Whether it’s holding someone’s hand or providing cardiopulmonary resuscitation (CPR), you can give someone much-needed comfort or even save a life in an emergency.
This fact sheet aims to help you feel safe and confident in approaching someone who needs help. It should also reassure you that if you act honestly, you are legally protected – regardless of the outcome.”
You can read more in their fact sheet published 19 September 2018. I’m pleased to report that I was invited to, and was able to contribute to the development of this important publication.
You can download the fact sheet from Safer Care Victoria at https://bettersafercare.vic.gov.au/reports-and-publications/providing-first-aid-in-emergencies
I’m wondering if this publication is accurate, I believe we don’t have Good Samaritan laws in Queensland?
Yes it’s accurate. It says “In Victoria (and all Australian states and territories) good Samaritan laws protect people who provide assistance, advice or care in good faith at the scene of an emergency or accident.” It does not try to explain all the details of each Act, who’s covered and who is not, and in what circumstances the legislation applies. It does explain the Victorian legislation as it is a paper written for Victoria.
With respect to Queensland there are laws that ‘…protect people who provide assistance, advice or care in good faith at the scene of an emergency or accident’ – see Law Reform Act 1995 (Qld) s 16 and Civil Liability Act 2003 (Qld) s 26. The scheme in Queensland is unlike every other jurisdiction in that it doesn’t provide general protection for everyone, the Law Reform Act deals with medical and nursing practitioners and the Civil Liability Act provides for members of listed organisations but the laws do exist and do “protect [some] people who provide assistance, advice or care in good faith at the scene of an emergency or accident”. For details see Good Samaritan legislation – a comparison (February 22, 2017) and Insurance for first aiders (August 13, 2014). In all jurisdictions the Acts have limitations so they all protect ‘some’ people even if the class of people is different.
The alternative would be to have said “In Victoria (and all Australian states and territories, other than Queensland) good Samaritan laws protect people who provide assistance, advice or care in good faith at the scene of an emergency or accident” but that too would have been incomplete or inaccurate.
Finally the paper could have explained, in detail the Queensland position but it’s a paper for Victorians.
So it doesn’t attempt to paint a complete picture (it’s a 2 page ready reference written for Victoria) but it is correct.