Blood Transfusion (Limitation of Liability) Act 1986 (Tas)

Blood Transfusion (Limitation of Liability) Act 1986

An Act to limit liability in respect of the transmission of Acquired Immune Deficiency Syndrome through the transfusion of blood and blood products [Royal Assent 28 November 1986]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Blood Transfusion (Limitation of Liability) Act 1985 .

2. Commencement This Act shall commence on the day on which it receives the Royal Assent.

3. Interpretation In this Act, unless the contrary intention appears – approved means approved by the Secretary of the Department, by instrument in writing, for the purposes of this Act; authorized supplier means – (a) the society incorporated by Royal Charter under the name of the Australian Red Cross Society; (b) the Commonwealth Serum Laboratories Commission established by the Commonwealth Serum Laboratories Act 1961 of the Commonwealth; or (c) any other approved person; blood product includes any extract or derivative of blood; certified, in relation to blood or a blood product, means certified in accordance with section 4 (1) (d) , (2) , or (3) ; relevant virus means the virus known as HTLV III; transfusion includes non-intravenous injection.

4. Steps to be taken in relation to donation of blood (1) Where an authorized supplier takes, or proposes to take, blood from a person for the purpose of being used, if suitable, for transfusion or for the derivation of a blood product that may be used for transfusion, the following provisions apply: (a) the blood shall not be taken unless that person has, not more than 12 hours previously, signed a declaration in an approved form; (b) as soon as practicable after taking the blood, the authorized supplier shall cause an approved testing procedure to be carried out in relation to the blood; (c) where the results of an approved testing procedure carried out in relation to blood indicate the presence of the relevant virus, the authorized supplier shall dispose of the blood and any blood product derived from the blood in an approved manner; (d) where those results do not indicate the presence of the relevant virus, the authorized supplier may, in an approved manner, certify that the blood is free from the relevant virus. (2) Where an authorized supplier, in accordance with approved procedures, derives a blood product from material each portion of which is certified blood or a certified blood product, the authorized supplier may, in an approved manner, certify that the blood product is free from the relevant virus. (3) Where an authorized supplier – (a) imports into Tasmania from another State or Territory of the Commonwealth blood or a blood product in relation to which immunities substantially similar to those conferred by section 5 are conferred by a law of that State or Territory; and (b) complies with such requirements as may be approved for the purposes of this subsection – the authorized supplier may, in an approved manner, certify that the blood or blood product is free from the relevant virus. (4) Where an authorized supplier has reasonable cause to suspect that blood or a blood product supplied by the authorized supplier may be contaminated by the relevant virus, the authorized supplier shall take all reasonable steps to ensure that the blood or blood product is not used for the purpose of transfusion or for the derivation of a blood product that may be used for transfusion.