Good Samaritan law

First Aid & CPR Australia

The Good Samaritan: compassion and protection

Drawn from the Bible (Luke 10:25-37), the parable of the Good Samaritan tells of a traveller left for dead who is rescued by a stranger that tends to him and sees to his care. Beyond its religious context, it carries a universal message: the moral duty to help others in danger, through compassion and altruism.

Inspired by this principle, many so-called Good Samaritan laws have been enacted around the world to protect those who assist in good faith during an emergency from legal action. The exact scope of that protection, however, varies from one jurisdiction to another: here is what the law applicable to your region provides.

Statute citation

Governing act There is no single federal statute: Good Samaritan protection is provided by the civil liability legislation of each state and territory — Civil Liability Act 2002 (NSW), Part 8 'Good Samaritans'; Wrongs Act 1958 (Vic), s 31B; Civil Liability Act 2003 (Qld) and Law Reform Act 1995; Civil Liability Act 2002 (WA), s 5AD; Civil Liability Act 1936 (SA), s 74; Civil Liability Act 2002 (Tas); Civil Law (Wrongs) Act 2002 (ACT). In the Northern Territory, s 155 of the Criminal Code Act 1983 (NT) additionally imposes a duty to rescue.
Scope of protection Every Australian jurisdiction grants civil liability immunity to anyone who assists in good faith during an emergency, without gross recklessness and without having caused the emergency. There is no general common-law duty to rescue, except in the Northern Territory (the sole nationwide exception). Protection covers both trained and untrained rescuers.
Duty to rescue No
AED liability protection Protected
Statute Use of an automated external defibrillator (AED) is covered by the Good Samaritan provisions of each state/territory's civil liability legislation (e.g., Civil Liability Act 2002 (NSW), Part 8). No separate AED statute is required: the good-faith immunity applies to the user, whether trained or not.
No legal duty to rescue AED protection

Your protection under the law

In Australia there is no single federal statute: Good Samaritan protection is provided by the civil liability legislation of each state and territory, such as the Civil Liability Act 2002 (NSW) or the Wrongs Act 1958 (Vic). Every jurisdiction grants civil liability immunity to anyone who assists in good faith during an emergency, without gross recklessness and without having caused the situation. That protection reaches trained and untrained rescuers alike, and it expressly covers the use of an automated external defibrillator.

No duty to act, but every reason to

Across almost all of Australia the common law imposes no general duty to rescue: stepping in is a personal choice, and the law protects that choice when it is made in good faith. The sole nationwide exception is the Northern Territory, where section 155 of the Criminal Code Act 1983 punishes anyone who, being able to help, callously fails to do so for a person whose life is in danger. Everywhere else you are free to act, and that freedom comes with genuine legal protection.

Why training matters

In cardiac arrest, every minute without resuscitation cuts the odds of survival by roughly 10%. In Australia, with its vast distances and remote communities, professional help can take long minutes to arrive: the bystander on the scene becomes the first link in the chain of survival. Training in CPR and first aid teaches you to recognise the emergency, to compress effectively and to use a defibrillator without hesitation. To get trained is to turn a moment of panic into life-saving action, for a colleague, a loved one or a stranger by the roadside.