Blood samples to be taken in certain cases
56 Blood samples to be taken in certain cases
In this section—
S. 56(1) def. of designated place repealed by No. 7/1995 s. 3(1).
* * * * *
S. 56(1) def. of doctor amended by No. 23/1994 s. 118(Sch. 1 item 50.5).
doctor means a registered medical practitioner and includes a police surgeon.
S. 56(2) amended by Nos 78/1987 s. 11(1)(a)–(c), 53/1989 ss 10, 21(3), substituted by No. 19/1991 s. 11(1), amended by Nos 7/1995 s. 3(2), 81/2006 s. 6, 28/2009 s. 13.
If a person of or over the age of 15 years enters or is brought to a place for examination or treatment in consequence of an accident (whether within Victoria or not) involving a motor vehicle, the person must allow a doctor or approved health professional to take from that person at that place a sample of that person's blood for analysis.
- For a first offence, 12 penalty units;
For a second offence, 120 penalty units or imprisonment for 12 months;
For any other subsequent offence, 180 penalty units or imprisonment for 18 months.
S. 56(3) amended by No. 53/1989 s. 10, substituted by No. 19/1991 s. 11(1), amended by Nos 41/1992 s. 4(i), 5/2016 s. 36(Sch. 1 item 30).
On convicting a person, or finding a person guilty, of an offence under subsection (2) the court must, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for the time that the court thinks fit, being not less than—
for a first offence, 2 years; and
for a subsequent offence, 4 years.
S. 56(4) amended by Nos 78/1987 s. 11(2)(a)(b), 53/1989 s. 10, substituted by No. 19/1991 s. 11(1), amended by Nos 7/1995 s. 3(3), 28/2009 s. 13, 37/2014 s. 10(Sch. item 147.15), 70/2016 s. 33, substituted by No. 25/2025 s. 7.
Subsection (2) does not apply if, in the opinion of the doctor or approved health professional first responsible for the examination or treatment of the person, the taking of a blood sample from the person would be prejudicial to the person's proper care and treatment.
S. 56(5) amended by Nos 78/1987 s. 11(3), 53/1989 s. 10, substituted by No. 19/1991 s. 11(1), amended by Nos 7/1995 s. 3(4), 28/2009 s. 13.
A person to whom subsection (2) applies and who is unconscious or otherwise unable to communicate must be taken to allow the taking of a sample of his or her blood by a doctor or approved health professional at a place which he or she enters or to which he or she is brought for examination or treatment.
S. 56(6) amended by No. 78/1987 s. 11(4).
If a sample of a person's blood is taken in accordance with this section, evidence of the taking of it, the analysis of it or the results of the analysis must not be used in evidence in any legal proceedings except—
S. 56(6)(a) inserted by No. 78/1987 s. 11(4).
for the purposes of section 57; or
S. 56(6)(b) inserted by No. 78/1987 s. 11(4).
for the purposes of the Transport Accident Act 1986—
but may be given—
S. 56(6)(c) inserted by No. 78/1987 s. 11(4), amended by No. 11/2002 s. 3(Sch. 1 item 57.1 (a)(b)).
to the Transport Accident Commission under the Transport Accident Act 1986 and, for the purposes of applications relating to that Act, to the Victorian Civil and Administrative Tribunal; and
S. 56(6)(d) inserted by No. 78/1987 s. 11(4), amended by No. 49/2019 s. 116(Sch. 1 item 134).
to the Secretary for the purposes of accident research.
S. 56(7) amended by Nos 19/1991 s. 11(2)(a)–(c), 28/2009 s. 13.
A person must not hinder or obstruct a doctor or approved health professional attempting to take a sample of the blood of any other person in accordance with this section.
- 12 penalty units.
S. 56(8) amended by Nos 19/1991 s. 11(3)(a)–(c), 28/2009 s. 13.
No action lies against a doctor or approved health professional in respect of anything properly and necessarily done by the doctor or approved health professional in the course of taking any sample of blood which the doctor or approved health professional believes on reasonable grounds was required or allowed to be taken from any person under this section.
S. 56(9) inserted by No. 78/1987 s. 11(6), amended by Nos 53/1989 s. 21(4), 19/1991 s. 11(4), 28/2009 s. 13.
A blood sample that is, after 9 December 1987, taken from a person by a doctor or approved health professional who honestly and reasonably believes that he or she is required to take the sample, whether or not the person consents to the taking, is deemed to have been taken by the doctor or approved health professional who was first responsible for the examination or treatment of that person.
This Act’s bill:Second reading speech
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