{"id":"a-1985-27","name":"Blood Donation (Transmittable Diseases) Act 1985","slug":"blood-donation-transmittable-diseases-act-1985","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"27 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23160,"registerId":"act-a-1985-27-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Blood Donation (Transmittable Diseases) Act 1985","content":"Australian Capital Territory\nBlood Donation (Transmittable\nDiseases) Act 1985\nA1985-27\nRepublication No 4\nEffective: 12 April 2007\nRepublication date: 12 April 2007\nLast amendment made by A2007-3\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Blood Donation (Transmittable Diseases) Act 1985 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law\nto 12 April 2007.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an uncommenced\namendment, the symbol U appears immediately before the provision heading. The text of the\nuncommenced provision or amendment appears only in the last endnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication date\nis—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nR4\n12/04/07\nBlood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBlood Donation (Transmittable\nDiseases) Act 1985\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n3 Liability of Red Cross Society 2\n4 Liability of hospitals and doctors 3\n5 Requirements to be complied with 4\n6 Liability if requirements not complied with 5\n8 Liability of donor 6\n9 Evidentiary certificates 6\n10 Approved forms 6\n11 Regulation-making power 7\n\nContents\nPage\ncontents 2 Blood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\nR4\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 8\nEndnotes\n1 About the endnotes 10\n2 Abbreviation key 10\n3 Legislation history 11\n4 Amendment history 13\n5 Earlier republications 14\n\nR4\n12/04/07\nBlood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBlood Donation (Transmittable\nDiseases) Act 1985\nAn Act to limit liability in respect of the transmission of acquired immune\ndeficiency syndrome and other diseases through the transfusion of blood\n\nSection 1\npage 2 Blood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\nR4\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Blood Donation (Transmittable Diseases) Act 1985.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n3 Liability of Red Cross Society\n(1) In a prescribed action against—\n(a) the society; or\n(b) an employee of, or a person working without payment for, the\nsociety; or\n(c) any other person or body who takes blood from a donor on\nbehalf of the society;\nit is a defence that the society complied with the prescribed\nrequirements, or caused the prescribed requirements to be complied\nwith, in respect of the taking of the relevant blood and the testing,\nprocessing and handling of that blood and of blood products derived\nfrom that blood.\n(2) The defence specified in subsection (1) is not available if it is\nestablished that—\n\nSection 4\nR4\n12/04/07\nBlood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(a) the society, the employee or the person or body referred to in\nsubsection (1) (b) or (c), as the case requires, was negligent in\nrelation to the taking of the relevant blood or the testing,\nprocessing or handling of that blood or of a blood product\nderived from that blood; and\n(b) a transmittable disease was contracted as a result of that\nnegligence, whether or not any other actions contributed to the\ncontracting of that disease.\n4 Liability of hospitals and doctors\n(1) In a prescribed action against—\n(a) a hospital or other body at whose premises blood supplied by\nthe society, or a blood product derived from blood supplied by\nthe society, is administered to a patient; or\n(b) a doctor or a person acting on behalf of a doctor who\nadministered to a patient, or authorised the administration to a\npatient of, blood supplied by the society or a blood product\nderived from blood supplied by the society;\nit is a defence that—\n(c) at the time the blood or blood product was administered, there\nwas attached to the container in which the blood or blood\nproduct was contained a certificate purporting to be signed by\nthe person in charge of the laboratory where a sample of the\nblood was tested and stating—\n(i) for blood—that a sample of the blood; and\n(ii) for a blood product—that a sample of each unit of blood\nfrom which the blood product was derived;\nwas tested, using approved equipment and in accordance with\nan approved method, to ascertain whether the blood contained\nany pathogen capable of causing the relevant transmittable\ndisease and the result of the test was negative; or\n\nSection 5\npage 4 Blood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\nR4\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the society complied with the prescribed requirements, or\ncaused the prescribed requirements to be complied with, in\nrespect of the taking of the relevant blood and the testing,\nprocessing and handling of that blood or of blood products\nderived from that blood.\n(2) The defence specified in subsection (1) is not available if it is\nestablished that—\n(a) the hospital or other body, or the doctor or person acting on\nbehalf of the doctor, was negligent in relation to the\nadministering of the relevant blood or blood product to the\npatient; or\n(b) the society was negligent in relation to the taking of the\nrelevant blood or the testing, processing or handling of that\nblood or of a blood product derived from that blood;\nand a transmittable disease was contracted as a result of that\nnegligence, whether or not any other actions contributed to the\ncontracting of that disease.\n5 Requirements to be complied with\nFor sections 3 and 4, the prescribed requirements, in relation to the\ntaking of blood from a donor, are—\n(a) that, before taking blood from the donor, the society gets from\nthe donor a written declaration; and\nNote 1 It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\nNote 2 If a form is approved under s 10 for a declaration, the form must be\nused.\n(b) that, before supplying the blood to be administered to a person,\nor to be used in the preparation of blood products to be\nadministered to a person, a sample of the blood is tested, using\napproved equipment and in accordance with an approved\nmethod, to ascertain whether the blood contains any pathogen\n\nSection 6\nR4\n12/04/07\nBlood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncapable of causing the relevant transmittable disease and the\nsociety ascertains that the result of the test is negative.\n6 Liability if requirements not complied with\n(1) Section 3 does not apply if, after the society has taken blood to be\nsupplied for the purpose of being administered to a person or used in\nthe preparation of a blood product to be administered to a person,\nthe society has reasonable grounds for believing that—\n(a) a statement in the declaration made by the donor of the blood\nmay be false; or\n(b) the blood or blood product may contain any pathogen capable\nof causing the relevant transmittable disease;\nand the society does not take all reasonable steps to ensure that the\nblood or blood product is not administered to a person.\n(2) Section 4 does not apply if, at any time up to and including the time\nwhen the blood or blood product was administered, the hospital or\nother body at whose premises the blood or blood product was\nadministered—\n(a) had been informed that that blood or blood product may\ncontain any pathogen capable of causing the relevant\ntransmittable disease; and\n(b) did not take all reasonable steps to ensure that the blood or\nblood product was not administered to a person.\n(3) Section 4 does not apply in relation to a doctor or person acting on\nbehalf of a doctor if, at the time the blood or blood product was\nadministered, the doctor or other person had been informed that that\nblood or blood product may contain any pathogen capable of\ncausing the relevant transmittable disease.\n\nSection 8\npage 6 Blood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\nR4\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Liability of donor\n(1) No proceedings, civil or criminal, other than proceedings under the\nCriminal Code, section 337 (Making false or misleading statements)\nor section 338 (Giving false or misleading information), lie against a\ndonor of blood only because of a person having contracted a\ntransmittable disease from the administration to the person of blood\ngiven by, or of a blood product derived partly from blood given by,\nthat donor.\n(2) Subsection (1) does not apply to or in relation to a donor who has\nbeen found guilty of an offence against the Criminal Code, section\n337 (Making false or misleading statements) or section 338 (Giving\nfalse or misleading information).\n9 Evidentiary certificates\nIn proceedings of the kind referred to in section 3 or 4, a certificate\npurporting to be signed by the person in charge of the laboratory\nwhere a sample of blood was tested and stating—\n(a) that the blood sample was tested using approved equipment\nand in accordance with an approved method; and\n(b) that the results specified in the certificate were obtained;\nis evidence of the matters so stated and of the facts on which they\nare based.\n10 Approved forms\n(1) The Minister may, in writing, approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the\napproved form must be used for that purpose.\nNote For other provisions about forms, see the Legislation Act, s 255.\n\nSection 11\nR4\n12/04/07\nBlood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An approved form for a declaration under section 5 (a) is a\ndisallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act 2001.\n(4) Any other approved form is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act 2001.\n11 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative\nAssembly, under the Legislation Act 2001.\n\nDictionary\npage 8 Blood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\nR4\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n doctor\n person\n prescribed.\napproved, in relation to an instrument or method, means approved\nby the chief health officer in writing for this Act.\ndonor means a person who gives blood at premises or a vehicle of\nthe society.\nprescribed action means an action brought by or on behalf of—\n(a) a person who claims to have contracted a transmittable\ndisease—\n(i) because of having been administered blood supplied from\nthe society or a blood product derived from blood\nsupplied by the society; or\n(ii) because of having been involved in the taking, testing,\nhandling, producing, supplying or administering to a\npatient of blood supplied by the society or a blood\nproduct derived from blood supplied by the society; or\n(iii) from a person who contracted that disease in a\ncircumstance specified in subparagraph (i) or (ii); or\n(b) a dependant of a person who dies as a result of having\ncontracted a transmittable disease in a circumstance specified\nin paragraph (a);\nother than an action brought under the Safety, Rehabilitation and\nCompensation Act 1988 (Cwlth) or the Workers Compensation Act\n1951.\n\nDictionary\nR4\n12/04/07\nBlood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsociety means the society incorporated by royal charter under the\nname of the Australian Red Cross Society.\ntransmittable disease means any of the following diseases:\n(a) the disease known as acquired immune deficiency syndrome in\nany of its forms or stages;\n(b) hepatitis B;\n(c) hepatitis C;\n(d) any disease resulting from infection by the human T cell\nlymphoma virus 1 or 2;\n(e) syphilis;\n(f) any other prescribed disease.\n\nEndnotes\n1 About the endnotes\npage 10 Blood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\nR4\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter par = paragraph/subparagraph\ncl = clause pres = present\ndef = definition prev = previous\ndict = dictionary (prev...) = previously\ndisallowed = disallowed by the Legislative pt = part\nAssembly r = rule/subrule\ndiv = division reg = regulation/subregulation\nexp = expires/expired renum = renumbered\nGaz = Gazette reloc = relocated\nhdg = heading R[X] = Republication No\nIA = Interpretation Act 1967 RI = reissue\nins = inserted/added s = section/subsection\nLA = Legislation Act 2001 sch = schedule\nLR = legislation register sdiv = subdivision\nLRA = Legislation (Republication) Act 1996 sub = substituted\nmod = modified/modification SL = Subordinate Law\no = order underlining = whole or part not commenced\nom = omitted/repealed or to be expired\n\nEndnotes\nLegislation history 3\nR4\n12/04/07\nBlood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Blood Donation\n(Acquired Immune Deficiency Syndrome) Ordinance 1985 Ord1985-27 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nIt was renamed by the Blood Donation (Transmittable Diseases) (Amendment)\nAct 1996 A1996-78 (see s 5).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nLegislation before becoming Territory enactment\nBlood Donation (Transmittable Diseases) Act 1985 A1985-27\nnotified 1 July 1985\ncommenced 1 July 1985\nas amended by\nBlood Donation (Acquired Immune Deficiency Syndrome)\n(Amendment) Ordinance 1985 Ord1985-55\nnotified 18 October 1985\ncommenced 18 October 1985\nBlood Donation (Acquired Immune Deficiency Syndrome)\n(Amendment) Ordinance 1986 Ord1986-47\nnotified 22 August 1986\ncommenced 22 August 1986\nBlood Donation (Acquired Immune Deficiency Syndrome)\n(Amendment) Ordinance (No 2) 1986 Ord1986-90\nnotified 22 December 1986\ncommenced 22 December 1986\n\nEndnotes\n3 Legislation history\npage 12 Blood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\nR4\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCommunity and Health Service (Consequential Provisions)\nOrdinance 1988 Ord1988-29 sch\nnotified 30 June 1988\ncommenced 2 July 1988 (s 2)\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S164)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\nLegislation after becoming Territory enactment\nHealth Services (Consequential Provisions) Act 1990 A1990-63 sch 1\nnotified 28 December 1990 (Gaz 1990 No S102)\ns 1, s 2 commenced 28 December 1990 (s 2 (1))\nsch 1 commenced 31 January 1991 (s 2 (2) and see Gaz 1991 No S4)\nWorkers’ Compensation (Consequential Amendments) Act 1991\nA1991-106 sch\nnotified 15 January 1992 (Gaz 1992 No S3)\ns 1, s 2 commenced 15 January 1992 (s 2 (1))\nsch commenced 22 January 1992 (s 2 (2) and see Gaz 1992 No S9)\nHealth (Consequential Provisions) Act 1993 A1993-14 sch 1\nnotified 1 March 1993 (Gaz 1993 No S23)\ncommenced 1 March 1993 (s 2 and see Gaz 1993 No S23)\nBlood Donation (Transmittable Diseases) (Amendment) Act 1996\nA1996-78\nnotified 20 December 1996 (Gaz 1996 No S328)\ncommenced 20 December 1996 (s 2)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\n\nEndnotes\nAmendment history 4\nR4\n12/04/07\nBlood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 37\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 37 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.9\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.9 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.11\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.11 commenced 12 April 2007 (s 2 (1))\n4 Amendment history\nTitle\ntitle am A1996-78 s 4\nName of Act\ns 1 am A1996-78 s 5\nDictionary\ns 2 defs reloc to dict A2007-3 amdt 3.47\nsub A2007-3 amdt 3.48\ndef authority om Ord1988-29 sch\ndef board ins A1990-63 sch 1\nom A1993-14 sch 1\ndef chairman om Ord1988-29 sch\ndef prescribed disease om A1996-78 s 6\ndef service ins Ord1988-29 sch\nom A1990-63 sch 1\nNotes\ns 2A ins A2007-3 amdt 3.48\nLiability of Red Cross Society\ns 3 am Ord1986-47 s 4; A1996-78 s 7\nLiability of hospitals and doctors\ns 4 hdg sub A2007-3 amdt 3.49\ns 4 am Ord1986-47 s 5; A1996-78 s 8; A2007-3 amdt 3.50\n\nEndnotes\n5 Earlier republications\npage 14 Blood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\nR4\n12/04/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRequirements to be complied with\ns 5 am Ord1985-55 s 3; Ord1986-47 s 6; Ord1989-38 sch 1;\nA1996-78 s 9; A2001-44 amdt 1.367-1.369\nam A2004-15 amdt 2.22\nLiability if requirements not complied with\ns 6 am A1996-78 s 10; A2007-3 amdt 3.50\nFalse statements\ns 7 am A1998-54 sch\nom A2004-15 amdt 2.23\nLiability of donor\ns 8 am A1996-78 s 11; A2004-15 amdt 2.24\nApproved forms\ns 10 ins Ord1986-47 s 7\nom Ord1986-90 s 2\nins A1996-78 s 12\nsub A2001-44 amdt 1.370\nam A2007-3 amdt 3.51\nRegulation-making power\ns 11 ins A2001-44 amdt 1.370\nSchedule\nsch om Ord1985-55 s 4\nDictionary\ndict ins A2007-3 amdt 3.52\ndef approved sub Ord1988-29 sch\nam A1990-63 sch 1; A1993-14 sch 1\nsub A1996-78 s 6\nreloc from s 2 A2007-3 amdt 3.47\ndef donor reloc from s 2 A2007-3 amdt 3.47\ndef prescribed action am Ord1986-47 s 3; A1991-106 sch;\nA1996-78 s 6\nreloc from s 2 A2007-3 amdt 3.47\ndef society reloc from s 2 A2007-3 amdt 3.47\ndef transmittable disease ins A1996-78 s 6\nreloc from s 2 A2007-3 amdt 3.47\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\n\nEndnotes\nEarlier republications 5\nR4\n12/04/07\nBlood Donation (Transmittable Diseases) Act 1985\nEffective: 12/04/07\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1996-78 31 January 1998\n2 A2001-44 19 April 2002\n3 A2004-15 9 April 2004\n© Australian Capital Territory 2007","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Act began focused on AIDS-related risk but was amended (notably by A1996-78) to list multiple transmittable diseases and to add and relocate definitions and administrative provisions; those amendments broadened the medical scope and shifted detail into approved methods/forms and subordinate instruments (see Legislation history and Amendment history, endnotes 3–4)."},"complexity_factors":["Statutory defences conditioned on compliance with 'prescribed requirements' and multiple exceptions for negligence and post-taking knowledge (ss 3–6) increase factual and legal inquiry.","External criminal-law cross-reference to the Criminal Code for false statements creates interaction between civil immunity and criminal liability (s 8).","Administrative discretion in approvals: the chief health officer approves equipment/methods (dictionary 'approved'), and the Minister approves mandatory forms (s 10; dict).","Evidentiary certificate rule that lab certificates are admissible evidence shifts proof burdens in litigation (s 9).","Scope and definitions (eg, 'prescribed action', 'transmittable disease') are detailed and cross-reference other workplace/compensation statutes, complicating plaintiff eligibility (dict; endnotes).","Use of delegated instruments (disallowable/notifiable forms and regulations) means operative detail lives in subordinate law (s 10(3), s 11).","Amendment history (notably A1996-78) expanded disease coverage and relocated definitions, requiring historical interpretation for earlier events (endnotes 3–4)."],"plain_english_summary":"This Act limits civil liability for the Australian Red Cross, its staff and for hospitals and doctors when blood or blood products transmit listed diseases, provided specified procedural safeguards are met (written donor declaration; testing with approved equipment and methods). It makes those safeguards (and evidentiary certificates) the defendants’ statutory defence and removes liability except for negligence or false donor statements (Criminal Code s 337–338); the Minister and chief health officer control approved forms and testing methods, imposing compliance costs on the supplier (ss 3–6, 8–10)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond its original scope. Originally enacted as the 'Blood Donation (Acquired Immune Deficiency Syndrome) Ordinance 1985', it was designed specifically to address liability concerns during the early AIDS crisis. The 1996 amendments renamed the Act and expanded 'transmittable disease' to include hepatitis B, hepatitis C, HTLV 1/2, syphilis, and any other prescribed disease. While this is a logical expansion of the liability shield to cover other blood-borne pathogens, it moves the Act from a single-disease emergency measure to a broader permanent framework for blood supply liability protection."},"complexity_factors":["Short statute with only 11 sections (one section repealed/omitted)","Minimal cross-referencing—primarily internal references between sections 3, 4, 5, and 6","Only 6 defined terms in the Dictionary: 'approved', 'donor', 'prescribed action', 'society', 'transmittable disease', plus implicit reliance on Legislation Act definitions","Straightforward conditional logic: defence available IF requirements met, UNLESS negligence proven OR knowledge of contamination existed","No nested exceptions beyond the basic 'defence available except if...' structure","Simple evidentiary provision (section 9) creating a standard certificate-based presumption","Legislative history shows incremental expansion from AIDS-only (1985) to multiple transmittable diseases (1996), but structure remains simple"],"plain_english_summary":"This law bars civil suits against the Australian Red Cross, hospitals, doctors, staff and volunteers for infections transmitted by blood transfusion—so long as they followed required safety rules (proper donor declarations, approved testing and handling). Protections fall away for negligence or when contamination was suspected or known but ignored. Donors are generally immune from civil claims but can face criminal penalties for lying on declarations. Enacted during the 1980s AIDS crisis to keep blood supplies available while enforcing testing."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/blood-donation-transmittable-diseases-act-1985","history":"/api/acts/blood-donation-transmittable-diseases-act-1985/history","analysis":"/api/acts/blood-donation-transmittable-diseases-act-1985/analysis","conflicts":"/api/acts/blood-donation-transmittable-diseases-act-1985/conflicts","importantCases":"/api/acts/blood-donation-transmittable-diseases-act-1985/important-cases","documents":"/api/acts/blood-donation-transmittable-diseases-act-1985/documents"}}