{"id":"blood-contaminants-act-1985","name":"Blood Contaminants Act 1985","slug":"blood-contaminants-act-1985","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31666,"registerId":"sa-blood-contaminants-act-1985-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Blood Contaminants Act 1985","content":"South Australia\nBlood Contaminants Act 1985\nAn Act to prescribe standards to be observed in relation to blood donated for the purpose of transfusion; to limit the liability of approved suppliers of blood and blood products in relation to diseases transmitted by transfusion; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tSteps to be taken in relation to donation of blood\n5\tLiability of approved suppliers, donors and persons who carry out transfusions\n6\tDelegation\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Blood Contaminants Act 1985.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\napproved blood test means a test, using a method and equipment approved by the Minister, for the presence of a prescribed contaminant in blood;\napproved supplier means the Society, or a hospital or other body approved by the Minister for the purposes of this Act;\nblood product or product includes any extract or derivative of blood;\ndonor means a person who gives blood for the purpose of transfusion;\nprescribed contaminant means an organism or substance declared by the Minister by notice in the Gazette to be a prescribed contaminant for the purposes of this Act;\nthe Society means the society incorporated by Royal Charter under the name of the Australian Red Cross Society.\n\t(2)\tFor the purposes of this Act, blood is given or taken for the purpose of transfusion if the blood, or any product of the blood, is to be used for transfusion.\n4—Steps to be taken in relation to donation of blood\n\t(1)\tWhere an approved supplier takes, or proposes to take, blood from a donor for the purpose of transfusion, the following provisions apply:\n\t(a)\tthe blood shall not be taken unless the donor has signed a declaration in a form approved by the Minister;\n\t(b)\tas soon as practicable after taking the blood, the approved supplier shall cause the approved blood tests to be carried out in relation to the blood;\n\t(c)\twhere an approved blood test indicates the presence of a prescribed contaminant, the supplier shall dispose of the blood and any product of the blood in a manner approved by the Minister;\n\t(d)\twhere the approved blood tests do not indicate the presence of a prescribed contaminant, the supplier shall issue a certificate in respect of the blood certifying that the approved blood tests did not indicate the presence of a prescribed contaminant.\n\t(2)\tAn approved supplier shall not supply blood or a blood product for the purpose of transfusion unless—\n\t(a)\tthe blood was taken from a donor by the supplier or the blood product was manufactured from blood taken from a donor by the supplier; or\n\t(b)\tthe blood or blood product was acquired from a source approved by the Minister.\n\t(3)\tWhere an approved supplier has reasonable cause to suspect that blood or a blood product supplied by the supplier may be contaminated by a prescribed contaminant, the supplier shall take all reasonable steps to ensure that the blood or blood product is not used for the purpose of transfusion.\n5—Liability of approved suppliers, donors and persons who carry out transfusions\n\t(1)\tSubject to this section, where—\n\t(a)\ta prescribed contaminant, or disease that is attributable to a prescribed contaminant, is transmitted by reason of the transfusion of blood or a blood product; and\n\t(b)\tthe blood or blood product was supplied for the purpose of transfusion by an approved supplier,\nno civil or criminal liability in respect of the transmission of the contaminant or disease attaches to a donor, the supplier or a person who carried out the transfusion.\n\t(2)\tA donor who knowingly makes a false declaration under this Act is not entitled to the protection of this section.\n\t(3)\tAn approved supplier is not entitled to the protection of this section in relation to blood or a blood product if the supplier fails to observe a requirement of this Act in relation to the blood or blood product or in relation to blood from which the blood product was manufactured.\n6—Delegation\n\t(1)\tThe Minister may delegate a power or function vested in or conferred on the Minister by or under this Act—\n\t(a)\tto a particular person or body; or\n\t(b)\tto the person for the time being holding or acting in a particular office or position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(c)\tis revocable at will by the delegator.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1985\n99\nBlood Contaminants Act 1985\n7.11.1985\n1.7.1985: s 2\n2000\n34\nSouth Australian Health Commission (Administrative Arrangements) Amendment Act 2000\n6.7.2000\nSch 1 (cl 2)—6.7.2000 (Gazette 6.7.2000 p5)\n2025\n69\nStatutes Amendment (Health and Wellbeing) Act 2025\n4.12.2025\nPt 5 (s 9)—4.1.2026: s 2(2)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\ns 3(1)\n\n\napproved blood test\namended by 34/2000 Sch 1 cl 2(a)\n6.7.2000\napproved supplier\namended by 34/2000 Sch 1 cl 2(b)\n6.7.2000\nthe Commission\ndeleted by 34/2000 Sch 1 cl 2(c)\n6.7.2000\nprescribed contaminant\namended by 34/2000 Sch 1 cl 2(d)\n6.7.2000\n\nsubstituted by 69/2025 s 9\n4.1.2026\ns 4\n\n\ns 4(1) and (2)\namended by 34/2000 Sch 1 cl 2(e)\n6.7.2000\ns 6\ninserted by 34/2000 Sch 1 cl 2(f)\n6.7.2000\nHistorical versions\n6.7.2000\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Amendments listed in the legislative history update definitions (including the list of \"prescribed contaminants\"), add or clarify administrative powers (for example, insertion of delegation provisions), and adjust which bodies are captured as approved suppliers. Those changes are technical and administrative refinements rather than a material expansion of the Act's original purpose. The Act still prescribes minimum safety steps for donated blood and ties conditional legal immunity to compliance with those steps (overall purpose unchanged)."},"complexity_factors":["Short Act (6 substantive sections) with focused subject matter","Six defined terms in the interpretation section (s 3(1))","Several ministerial approvals that create operational dependencies: approved blood tests, approved suppliers, prescribed contaminants, approved disposal methods (s 3(1); s 4)","Conditional liability shield with two clear exceptions (donor false declaration; supplier non‑compliance) (s 5)","Moderate cross‑references between duties (s 4) and liability rules (s 5)","Delegation power with ability to sub‑delegate (s 6) — adds administrative complexity but not legal labyrinth","Few nested exceptions and minimal conditional branching"],"plain_english_summary":"**What this law does (mechanics)\n\n- Sets minimum steps that an approved blood supplier must follow when taking blood for transfusion (s 4):\n  - The donor must sign a Minister‑approved declaration before blood is taken (s 4(1)(a)).\n  - The supplier must have the blood tested as soon as practicable with Minister‑approved testing methods/equipment (an \"approved blood test\") (s 4(1)(b); s 3(1)).\n  - If testing indicates a prescribed contaminant (an organism or substance the Minister declares by Gazette), the supplier must dispose of the blood and any products in a Minister‑approved way (s 4(1)(c)).\n  - If tests do not indicate contamination, the supplier must issue a certificate saying so (s 4(1)(d)).\n- Limits on where blood or blood products may come from: an approved supplier may only supply blood taken by that supplier or acquired from a Minister‑approved source (s 4(2)).\n- Duty to act on suspicion: if a supplier reasonably suspects contamination, they must take reasonable steps to prevent use for transfusion (s 4(3)).\n\n- Legal protection (liability shield) when contamination is transmitted by transfusion (s 5):\n  - If a prescribed contaminant (or disease attributable to one) is transmitted by transfusion of blood supplied by an approved supplier, then, subject to the section, no civil or criminal liability attaches to the donor, the approved supplier or the person who carried out the transfusion (s 5(1)).\n  - Exceptions remove the shield where the donor knowingly made a false declaration (s 5(2)), or where the supplier failed to observe a requirement of the Act in relation to the blood or product (s 5(3)).\n\n- Ministerial powers and administrative detail:\n  - The Minister defines \"prescribed contaminants\" by Gazette, approves tests, approves suppliers and disposal methods, and may approve the form of the donor declaration (s 3(1); s 4(1)(a),(b),(c); s 4(2)).\n  - The Minister may delegate powers under the Act, and delegations can be further delegated if allowed (s 6).\n\nWho is affected\n\n- Donors: must sign an approved declaration and may lose legal protection if they knowingly lie (s 4(1)(a); s 5(2)).\n- Approved suppliers: defined to include the Australian Red Cross Society, hospitals or other Minister‑approved bodies; they must run approved tests, issue clearance certificates, dispose of contaminated blood as required, and may be shielded from liability only if they comply with statutory duties (s 3(1); s 4; s 5(1),(3)).\n- Clinicians and persons performing transfusions: gain conditional protection from civil/criminal liability when using blood supplied by an approved supplier (s 5(1)).\n- The Minister/administration: decides which contaminants, tests, suppliers and disposal methods are \"approved,\" and can delegate those powers (s 3(1); s 6).\n\nWhy it matters (official purpose and a practical test)\n\n- Officially, the Act prescribes standards for donated blood and limits liability for approved suppliers and transfusion practitioners when contamination occurs (long title; s 4; s 5).\n\n- Practical implications and trade‑offs to consider:\n  - Who pays: approved suppliers pay for testing, disposal, recordkeeping and issuing certificates (s 4). Those are ongoing operational costs directed by Ministerial approvals.\n  - Risk allocation and incentives: the liability shield reduces expected legal and insurance costs for suppliers and clinicians only if they comply with the Act; that reduces legal risk but places the compliance burden on suppliers (s 5(1),(3)). Donors have an incentive to be truthful because knowingly false declarations remove protection (s 5(2)).\n  - Market entry and competition: supply of blood or blood products for transfusion is restricted to bodies the Minister approves (s 4(2); s 3(1) \"approved supplier\"), which means Ministerial approval is a gatekeeping step for new suppliers.\n  - Administrative discretion and regulatory uncertainty: key technical choices (which contaminants, approved tests, approved sources and disposal methods) rest with the Minister and can be changed by Gazette or delegation (s 3(1); s 4; s 6). That allows flexibility but creates dependence on administrative decisions for operational practice.\n  - Implementation and operational risk: the Act relies on the timing and accuracy of \"approved blood tests\" and on suppliers following approved disposal/certification procedures; errors or delays in testing, or changes in what is a \"prescribed contaminant,\" can affect safety, availability and liability outcomes (s 4(1)(b)–(d); s 3(1)).\n  - Compliance burden: documented donor declarations, approved testing equipment/methods, disposal procedures and issuing certificates create an ongoing administrative and equipment standard burden for suppliers (s 4).\n\nNet effect in mechanics: the Act creates a compliance framework (declarations, approved testing, disposal/certification, and supply controls) tied to a conditional legal immunity for donors, suppliers and transfusing practitioners. The immunity is only available if the statutory procedures are followed and the donor was not deceitful (s 4; s 5). The Minister controls the technical and approval settings and may delegate those functions (s 3(1); s 6).\n"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: setting blood donation safety standards and limiting liability for approved suppliers. The 2000 and 2025 amendments appear to be administrative updates (changing references to the South Australian Health Commission and updating definitions) rather than expansions of scope. The core framework from 1985 remains intact."},"complexity_factors":["Short statute with only 6 operative sections (one omitted)","Only 5 defined terms in the interpretation section (approved blood test, approved supplier, blood product, donor, prescribed contaminant, the Society)","Simple conditional structure: basic 'if-then' rules without nested exceptions","Single cross-reference (to the Society's Royal Charter)","Straightforward liability shield with only two explicit exceptions (false declaration by donor, failure to comply by supplier)","No complex procedural mechanisms or administrative tribunals established","Minimal delegation provisions (standard Ministerial delegation powers)"],"plain_english_summary":"This law sets safety rules for blood donations in South Australia and protects certain people from being sued if something goes wrong.\n\n**What it does:**\n- **Sets safety standards**: Anyone collecting blood for transfusions must follow specific steps: donors must sign a declaration, blood must be tested for contaminants (harmful organisms or substances), contaminated blood must be thrown away safely, and clean blood gets a certificate.\n- **Limits who can supply blood**: Only approved organisations—mainly the Australian Red Cross, hospitals, or other bodies approved by the Minister—can supply blood for transfusions.\n- **Protects from lawsuits**: If someone gets sick from a contaminated blood transfusion, the donor, the approved supplier, and the medical staff who performed the transfusion generally **cannot be sued** (this is called \"immunity from liability\"). However, this protection disappears if:\n  - The donor knowingly lied on their declaration form, or\n  - The supplier broke the rules in this Act (like skipping the required tests).\n\n**Who it affects:**\n- Blood donors (who must sign honest declarations)\n- Approved blood suppliers (like the Red Cross and hospitals)\n- Medical professionals who perform transfusions\n- Patients receiving transfusions (who gain confidence from safety standards but lose the right to sue for certain harms)\n\n**Why it matters:**\nThis law tries to balance two things: keeping the blood supply safe through mandatory testing, while encouraging organisations to supply blood by protecting them from crippling lawsuits if an infection slips through despite following the rules. It's a trade-off between patient rights and ensuring blood remains available for transfusions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. No legislative content was returned by the provided source. The page was either moved or removed during the South Australian legislation website update of March 2026. Any assessment of whether the Act's scope changed from its original intent would require access to the full text of the legislation and any amending Acts."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","The title alone provides insufficient detail to assess provisions, definitions, obligations, or penalties","Complexity cannot be meaningfully scored without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Blood Contaminants Act 1985* (South Australia) returned a **Page Not Found** error from the South Australian legislation website. This appears to be a broken or outdated hyperlink, likely created before the website was updated on 24 March 2026.\n\n**What we do know from the title alone:**\n- This is a South Australian law from 1985\n- It likely relates to the contamination of blood or blood products — a significant public health concern, particularly in the context of the HIV/AIDS crisis that emerged in the early-to-mid 1980s\n- It may govern liability, testing, or safety standards around blood supply\n\n**What you should do:**\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the *Blood Contaminants Act 1985*\n- Alternatively, email the Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link and request the correct URL\n\n⚠️ *No legal analysis can be responsibly provided without access to the actual text of the legislation.*"}},"importantCases":[],"_links":{"self":"/api/acts/blood-contaminants-act-1985","history":"/api/acts/blood-contaminants-act-1985/history","analysis":"/api/acts/blood-contaminants-act-1985/analysis","conflicts":"/api/acts/blood-contaminants-act-1985/conflicts","importantCases":"/api/acts/blood-contaminants-act-1985/important-cases","documents":"/api/acts/blood-contaminants-act-1985/documents"}}