{"id":"tas:act-1986-079","name":"Blood Transfusion (Limitation of Liability) Act 1986","slug":"blood-transfusion-limitation-of-liability-act-1986","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"79 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109863,"registerId":"tas-act-1986-079-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Blood Transfusion (Limitation of Liability) Act 1985](/view/html/inforce/2026-04-12/act-1986-079) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act shall commence on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> *\\[Section 3 Amended by No. 5 of 1990, s. 3 and Sched. 1 \\]*In this Act, unless the contrary intention appears –\n> \n> > ***approved*** means approved by the Secretary of the Department, by instrument in writing, for the purposes of this Act;\n> \n> > ***authorized supplier*** means –\n> > \n> > > > (a) the society incorporated by Royal Charter under the name of the Australian Red Cross Society;\n> > > \n> > > > (b) the Commonwealth Serum Laboratories Commission established by the [Commonwealth Serum Laboratories Act 1961](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth; or\n> > > \n> > > > (c) any other approved person;\n> \n> > ***blood product*** includes any extract or derivative of blood;\n> \n> > ***certified***, in relation to blood or a blood product, means certified in accordance with [section 4](#GS4@EN) [(1)](#GS4@Gs1@EN) [(d)](#GS4@Gs1@Hpd@EN) , [(2)](#GS4@Gs2@EN) , or [(3)](#GS4@Gs3@EN) ;\n> \n> > ***relevant virus*** means the virus known as HTLV III;\n> \n> > ***transfusion*** includes non-intravenous injection.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Steps to be taken in relation to donation of blood","content":"### 4 Steps to be taken in relation to donation of blood\n\n> > (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:\n> > \n> > > > (a) the blood shall not be taken unless that person has, not more than 12 hours previously, signed a declaration in an approved form;\n> > > \n> > > > (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;\n> > > \n> > > > (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;\n> > > \n> > > > (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.\n> \n> > (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.\n> \n> > (3)  Where an authorized supplier –\n> > \n> > > > (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](#GS5@EN) are conferred by a law of that State or Territory; and\n> > > \n> > > > (b) complies with such requirements as may be approved for the purposes of this subsection –\n> > \n> > the authorized supplier may, in an approved manner, certify that the blood or blood product is free from the relevant virus.\n> \n> > (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.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Limitation of liability in relation to transfusion of certified blood and blood products","content":"### 5 Limitation of liability in relation to transfusion of certified blood and blood products\n\n> > (1)  Subject to this section, no civil or criminal liability attaches to any person in respect of the transmission to another person of the relevant virus or the disease known as Acquired Immune Deficiency Syndrome, or any other disease that is attributable to the relevant virus, by reason of the transfusion of certified blood or a certified blood product.\n> \n> > (2)  A person who knowingly makes a false declaration under [section 4](#GS4@EN) [(1)](#GS4@Gs1@EN) [(a)](#GS4@Gs1@Hpa@EN) or under [section 6](#GS6@EN) [(b)](#GS6@Hpb@EN) is not entitled to the protection of this section in relation to the blood, or any blood product in any way derived from the blood, in relation to the taking of which the declaration was made.\n> \n> > (3)  An authorized supplier is not entitled to the protection of this section in relation to blood or a blood product if the authorized supplier fails to observe a requirement imposed on it by or under this Act in relation to the blood or blood product, or in relation to blood from which the blood product was derived.\n> \n> > (4)  A person who is an employee of, or a person working without payment for, an authorized supplier is not entitled to the protection of this section in relation to blood or a blood product if that person fails to observe a requirement imposed on the authorized supplier by or under this Act in relation to the blood or blood product, or in relation to blood from which the blood product was derived, being a requirement applicable to the duties of that person in relation to the operations of the authorized supplier.\n> \n> > (5)  A person is not entitled to the protection of this section in relation to blood, or a blood product, imported into Tasmania from another State or Territory of the Commonwealth if that person is in breach of, or has failed to comply with, a requirement imposed upon him by, the law of that State or Territory under which an immunity substantially similar to an immunity conferred by this section is, or, but for that breach or failure, would be, conferred upon him.\n> \n> > (6)  A person is not entitled to the protection of this section in relation to blood or a blood product if –\n> > \n> > > > (a) that person has reasonable cause to suspect that the blood or blood product may be contaminated with the relevant virus; or\n> > > \n> > > > (b) that person, or an employee of, or a person working without payment for, that person, was guilty of any negligence or wilful misconduct that exposed, or was likely to expose, the blood or blood product to contamination with the relevant virus.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Limitation of liability in relation to emergency transfusion of uncertified blood and blood products","content":"### 6 Limitation of liability in relation to emergency transfusion of uncertified blood and blood products\n\n> *\\[Section 6 Amended by No. 2 of 1996, s. 87 and Sched. 7 \\]*Where –\n> \n> > > (a) the relevant virus or the disease known as Acquired Immune Deficiency Syndrome, or any other disease that is attributable to the relevant virus, is transmitted by reason of the transfusion of blood or a blood product that was, in whole or in part, not certified;\n> > \n> > > (b) so much of the blood or blood product as was not certified was taken, or derived from blood taken, from a person who, not more than 12 hours before the taking of the blood, signed a declaration in an approved form; and\n> > \n> > > (c) [*\\[Section 6 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja9@GC1@EN) immediately before the carrying out of the transfusion, not less than 2 medical practitioners were of the opinion that the condition of the person in the treatment of whom the transfusion was carried out was such that he was likely to die unless that blood or blood product was administered to him before sufficient quantities of certified blood, or a certified blood product, of an appropriate kind could reasonably be expected to be available for administration to him–\n> \n> [section 5](#GS5@EN) applies as if all of the blood or blood product referred to in [paragraph (a)](#GS6@Hpa@EN) were certified.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"False statements in declarations","content":"### 7 False statements in declarations\n\n> *\\[Section 7 Amended by No. 43 of 1991, s. 5 and Sched. 1 \\]*A person who knowingly makes a false or misleading statement in a declaration signed for the purposes of [section 4](#GS4@EN) [(1)](#GS4@Gs1@EN) [(a)](#GS4@Gs1@Hpa@EN) or [6](#GS6@EN) [(b)](#GS6@Hpb@EN) is guilty of an offence and is punishable upon conviction by a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s marginal notes record amendments that altered definitions, procedural and liability rules: s 3 amended (No. 5 of 1990), s 6 amended (No. 2 of 1996; No. 3 of 2010) affecting emergency-transfusion protection, and s 7 amended (No. 43 of 1991) affecting penalties. Those amendments adjusted who is covered and the conditions under which immunity applies."},"complexity_factors":["Conditional immunities with multiple exceptions (s 5(1)–(6); s 6) increase interpretive complexity","Administrative approval mechanisms and defined “approved” procedures/forms/Secretary discretion (s 3; s 4)","Operational duties on authorised suppliers: donor declarations, testing, certification, disposal and taking ‘all reasonable steps’ (s 4(1)–(4))","Different actors covered (authorised supplier, employees, unpaid workers) with distinct loss-of-immunity triggers (s 5(3)–(4))","Interplay with other jurisdictions for imported blood and requirement to comply with other-State laws (s 4(3); s 5(5))","Criminal sanction for false or misleading declarations (s 7) creates cross-cutting criminal/civil consequences","Emergency-transfusion carve‑out requires contemporaneous donor declaration and medical practitioners’ opinions (s 6) — factual gateway","Text shows later amendments (notes to s 3, s 6, s 7), meaning historical drafting changes must be checked for current operation"],"plain_english_summary":"This Act shields authorised blood suppliers and their staff from civil and criminal liability for transmission of the virus known as HTLV III (AIDS) when blood or blood products are certified as free from that virus, and it sets donor-declaration, testing, certification and disposal procedures for blood taken for transfusion. Immunity is lost if declarations are false, statutory procedures are not followed, there is reasonable suspicion or negligence/wilful misconduct. Emergency transfusions of uncertified blood can attract the same protection where tight procedural and medical-opinion conditions are met."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original narrow scope. It was enacted in 1986 specifically to address liability concerns during the early AIDS crisis regarding HIV transmission through blood transfusions. The amendments visible in the text (1990, 1991, 1996, 2010) appear to be technical updates — adjusting penalty units, updating references, and clarifying procedural requirements — rather than expansions into new areas of law or new types of liability. The core mechanism (protecting authorized suppliers who follow testing protocols) remains unchanged from the original intent."},"complexity_factors":["Only 7 defined terms in the interpretation section, most with straightforward meanings","Simple conditional structure: protection applies IF conditions met, with explicit exceptions listed in subsections 5(2)-(6)","Cross-references are limited and linear (mostly referring back to section 4 or 6)","No delegated legislation or regulation-making powers in the visible text","Nested logic in section 6 (emergency provisions) requires tracking three cumulative conditions across paragraphs (a), (b), and (c)","Multiple exceptions to the main protection in section 5 create 'Swiss cheese' liability pattern — protected unless specific disqualifying conduct occurred","Dated terminology ('relevant virus' = HTLV III, an early name for HIV) requires historical knowledge to interpret correctly","Reference to 'penalty units' in section 7 requires external calculation to determine actual dollar fine"],"plain_english_summary":"This Tasmanian law protects blood banks and medical staff from being sued if someone contracts HIV (called 'the relevant virus' or HTLV III in the Act) from a blood transfusion — but only if they follow strict safety rules.\n\n**Who it affects:**\n- **Blood donors** — must sign a declaration about their health before giving blood\n- **Authorized suppliers** — mainly the Australian Red Cross and Commonwealth Serum Laboratories (now CSL), plus others approved by the government\n- **Medical staff** — doctors, nurses, and others involved in transfusions\n\n**What it does:**\n- Sets up a **legal shield** (limitation of liability) protecting people from civil lawsuits and criminal charges if HIV is transmitted through certified blood or blood products\n- **Certified blood** means blood that has been tested and officially declared free of HIV following approved procedures\n- Requires blood to be tested for HIV and disposed of if contaminated\n- Creates an **emergency exception** — if someone is dying and certified blood isn't available, doctors can use uncertified blood and still get legal protection (if two doctors agree it's an emergency)\n\n**Key catches:**\n- The protection **disappears** if someone is negligent, acts with 'wilful misconduct,' knowingly uses false declarations, or suspects the blood is contaminated but uses it anyway\n- Donors who lie on their declaration face fines or up to 2 years in prison\n\n**Why it matters:**\nThis law was passed during the 1980s AIDS crisis when HIV screening was new and blood supplies carried real risks. It tries to balance two things: encouraging blood donation and maintaining supply by protecting organizations that follow the rules, while still punishing careless or dishonest behavior."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to have remained focused on its original narrow purpose: limiting the liability of blood transfusion suppliers. Based on the version history (current from 1 July 2010 with file last modified 1 October 2019), amendments appear administrative or minor in nature rather than expansions or contractions of the original scope."},"complexity_factors":["Short and narrowly scoped legislation, which keeps overall complexity low","Interplay between state liability limitation law and Commonwealth-level blood supply regulation adds some cross-jurisdictional complexity","Technical legal concepts such as 'limitation of liability' and tortious claims (civil lawsuits for harm) may be unfamiliar to laypeople","Historical context of HIV/hepatitis contamination crisis is essential to understanding the law's purpose but is not stated in the text","Determining what the liability cap actually is requires reading both the Act and any amendments, which are not fully reproduced here","Interaction with general personal injury and consumer law frameworks (e.g., Australian Consumer Law) may require specialist legal advice to untangle"],"plain_english_summary":"This Tasmanian law limits the legal liability of blood suppliers (notably the Red Cross and similar bodies), capping how much they can be sued for when blood transfusions cause harm. It applies to patients, hospitals, and blood banks.\n\nEnacted after the 1980s contaminated‑blood crisis, its purpose was to protect blood services from ruinous lawsuits so the supply would continue — but it also restricts injured patients’ ability to recover full compensation."}},"importantCases":[],"_links":{"self":"/api/acts/blood-transfusion-limitation-of-liability-act-1986","history":"/api/acts/blood-transfusion-limitation-of-liability-act-1986/history","analysis":"/api/acts/blood-transfusion-limitation-of-liability-act-1986/analysis","conflicts":"/api/acts/blood-transfusion-limitation-of-liability-act-1986/conflicts","importantCases":"/api/acts/blood-transfusion-limitation-of-liability-act-1986/important-cases","documents":"/api/acts/blood-transfusion-limitation-of-liability-act-1986/documents"}}