2 not liable for anything done in good faith in a

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(2) Not liable for anything done in good faith in (a) providing assistance at the scene ; (b) Providing assistance by phone to someone at the scene. (3) Subsection 2 applies even if the emergency was caused by an act/omission of the samaritan . (4) Subsection 2 does not apply to acts done before the assistance . VOLUNTEERS Section 37(1): A volunteer is not liable for anything done in good faith in providing the service; (2) Liability of the volunteer moves to the community organisation . Section 38(1): A volunteer will be liable if: (a) they knew or ought to have known they were acting (i) out of the scope of the work organised; (ii) contrary to instructions given; (b) their ability was significantly impaired by drugs or alcohol (must be voluntarily taken and not therapeutic – section 38(4)). Section 34: A community organisation is (b) a municipal council or incorporated government body; (c) any other body corporate – ((a) & (d) = organisations under Acts). 42 Jackson v Harrison FACTS: P was passenger in a car driven by D. Both had lost their licences and knew of the others’ loss. They crashed and P was injured. HELD: Illegality defence failed. Italiano ve Barbaro FACTS: P was injured in a car driven by D. They would go and stage collisions to scam insurance but accidentally crashed anyway. HELD: Illegality defence allowed. Joint illegal enterprise . Courts wouldn’t set a standard. Courts cannot relate to illegal activity as if it were legal .
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Section 39 : See this section for provisions for liability of a community organisation. Section 35: A volunteer is: (1) Someone who provides a service in relation to community work on a voluntary basis. (2) Even if they receive a) remuneration they would receive anyway; b) out of pocket expenses incurred in relation to the service; c) remuneration that is not more than what is set out in regulations. (3) Volunteers are not : those in some instances to do with Country Fire Authority Act and Emergency Management Act. Section 36(1): Community work is work done for (a) religious, educational, charitable or benevolent purpose; (b) promotion of literature, science, arts; (c) sport recreation, tourism or amusement; (d) environmental conservation; (e) community, social and cultural centre work; (f) a political purpose; (g) promoting common interests of a community; (h) anything else in regulations. - Statute of Limitations Section 5(1) Para. 1: Usually 6 years from the date on which the cause of action accrues (property/economic loss). Section 5(1AA): Only 3 years for personal injury . Section 5(1A): For insidious disease injuries, plaintiff can act within 3 years of knowing they have the injury and that it was caused by the defendant . Section 27D: In personal injury or death cases caused by tort, you can’t bring an action after the expiry of the shortest of the following: o 3 years from the date on which the cause of action is discoverable by the plaintiff.
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