3 October 2004
New Bill Will Protect Good Samaritans
Dr Peter Toyne MLA
Attorney-General
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People who attack ‘good samaritans’ or emergency workers who are providing assistance to someone will face up to 7 years in gaol under tough new laws being prepared for Parliament.
Attorney-General Dr Peter Toyne will shortly put forward an Amendment Bill to protect ‘good samaritans’ and emergency workers from assaults while trying to provide assistance.
The Criminal Code Amendment Bill create an offence of unlawfully assaulting or obstructing a person who is providing assistance to another.
A person who assaults, obstructs, hinders or prevents a person who is providing rescue, resuscitation, medical treatment, first aid or succour of any kind is liable to 5 years gaol.
If their actions endanger the life or causes actual harm to the person being helped the offender is liable to imprisonment for 7 years.
Attorney-General Toyne said the amendments will protect people giving assistance and deter potential attackers.
“This is all about providing a protective hand to those who give a helping hand,” Dr Toyne said.
“All States and Territories protect Police from such attacks – but the same backing is only offered piece-meal for other professions, if at all.”
“I’ve stepped in to provide the same protection for everyone, whether you are an ambulance officer or a member of the community giving first-aid to someone on the street.”
“While the Opposition should be acknowledged for attempting to provide similar legislation, unfortunately it fails to capture the full range of conduct that could interfere with assistance.”
“Assaults in the context of an emergency have the potential to endanger not just the person responding to the situation but also to the victim and other persons.
“An assault provision as framed by the Member for MacDonnell will only capture active conduct and not omissions.”
“It does not cover conduct that may impede a person carrying out a response to an emergency situation,” Dr Toyne said.