Australian Capital Territory
Blood Donation (Transmittable
Diseases) Act 1985
A1985-27
Republication No 4
Effective: 12 April 2007
Republication date: 12 April 2007
Last amendment made by A2007-3
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Blood Donation (Transmittable Diseases) Act 1985 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law
to 12 April 2007.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced
amendment, the symbol U appears immediately before the provision heading. The text of the
uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date
is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
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Blood Donation (Transmittable Diseases) Act 1985
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contents 1
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Australian Capital Territory
Blood Donation (Transmittable
Diseases) Act 1985
Contents
Page
1 Name of Act 2
2 Dictionary 2
2A Notes 2
3 Liability of Red Cross Society 2
4 Liability of hospitals and doctors 3
5 Requirements to be complied with 4
6 Liability if requirements not complied with 5
8 Liability of donor 6
9 Evidentiary certificates 6
10 Approved forms 6
11 Regulation-making power 7
Contents
Page
contents 2 Blood Donation (Transmittable Diseases) Act 1985
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Dictionary 8
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 13
5 Earlier republications 14
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Australian Capital Territory
Blood Donation (Transmittable
Diseases) Act 1985
An Act to limit liability in respect of the transmission of acquired immune
deficiency syndrome and other diseases through the transfusion of blood
Section 1
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1 Name of Act
This Act is the Blood Donation (Transmittable Diseases) Act 1985.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
2A Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
3 Liability of Red Cross Society
(1) In a prescribed action against—
(a) the society; or
(b) an employee of, or a person working without payment for, the
society; or
(c) any other person or body who takes blood from a donor on
behalf of the society;
it is a defence that the society complied with the prescribed
requirements, or caused the prescribed requirements to be complied
with, in respect of the taking of the relevant blood and the testing,
processing and handling of that blood and of blood products derived
from that blood.
(2) The defence specified in subsection (1) is not available if it is
established that—
Section 4
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(a) the society, the employee or the person or body referred to in
subsection (1) (b) or (c), as the case requires, was negligent in
relation to the taking of the relevant blood or the testing,
processing or handling of that blood or of a blood product
derived from that blood; and
(b) a transmittable disease was contracted as a result of that
negligence, whether or not any other actions contributed to the
contracting of that disease.
4 Liability of hospitals and doctors
(1) In a prescribed action against—
(a) a hospital or other body at whose premises blood supplied by
the society, or a blood product derived from blood supplied by
the society, is administered to a patient; or
(b) a doctor or a person acting on behalf of a doctor who
administered to a patient, or authorised the administration to a
patient of, blood supplied by the society or a blood product
derived from blood supplied by the society;
it is a defence that—
(c) at the time the blood or blood product was administered, there
was attached to the container in which the blood or blood
product was contained a certificate purporting to be signed by
the person in charge of the laboratory where a sample of the
blood was tested and stating—
(i) for blood—that a sample of the blood; and
(ii) for a blood product—that a sample of each unit of blood
from which the blood product was derived;
was tested, using approved equipment and in accordance with
an approved method, to ascertain whether the blood contained
any pathogen capable of causing the relevant transmittable
disease and the result of the test was negative; or
Section 5
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(d) the society complied with the prescribed requirements, or
caused the prescribed requirements to be complied with, in
respect of the taking of the relevant blood and the testing,
processing and handling of that blood or of blood products
derived from that blood.
(2) The defence specified in subsection (1) is not available if it is
established that—
(a) the hospital or other body, or the doctor or person acting on
behalf of the doctor, was negligent in relation to the
administering of the relevant blood or blood product to the
patient; or
(b) the society was negligent in relation to the taking of the
relevant blood or the testing, processing or handling of that
blood or of a blood product derived from that blood;
and a transmittable disease was contracted as a result of that
negligence, whether or not any other actions contributed to the
contracting of that disease.
5 Requirements to be complied with
For sections 3 and 4, the prescribed requirements, in relation to the
taking of blood from a donor, are—
(a) that, before taking blood from the donor, the society gets from
the donor a written declaration; and
Note 1 It is an offence to make a false or misleading statement or give false or
misleading information (see Criminal Code, pt 3.4).
Note 2 If a form is approved under s 10 for a declaration, the form must be
used.
(b) that, before supplying the blood to be administered to a person,
or to be used in the preparation of blood products to be
administered to a person, a sample of the blood is tested, using
approved equipment and in accordance with an approved
method, to ascertain whether the blood contains any pathogen
Section 6
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capable of causing the relevant transmittable disease and the
society ascertains that the result of the test is negative.
6 Liability if requirements not complied with
(1) Section 3 does not apply if, after the society has taken blood to be
supplied for the purpose of being administered to a person or used in
the preparation of a blood product to be administered to a person,
the society has reasonable grounds for believing that—
(a) a statement in the declaration made by the donor of the blood
may be false; or
(b) the blood or blood product may contain any pathogen capable
of causing the relevant transmittable disease;
and the society does not take all reasonable steps to ensure that the
blood or blood product is not administered to a person.
(2) Section 4 does not apply if, at any time up to and including the time
when the blood or blood product was administered, the hospital or
other body at whose premises the blood or blood product was
administered—
(a) had been informed that that blood or blood product may
contain any pathogen capable of causing the relevant
transmittable disease; and
(b) did not take all reasonable steps to ensure that the blood or
blood product was not administered to a person.
(3) Section 4 does not apply in relation to a doctor or person acting on
behalf of a doctor if, at the time the blood or blood product was
administered, the doctor or other person had been informed that that
blood or blood product may contain any pathogen capable of
causing the relevant transmittable disease.
Section 8
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8 Liability of donor
(1) No proceedings, civil or criminal, other than proceedings under the
Criminal Code, section 337 (Making false or misleading statements)
or section 338 (Giving false or misleading information), lie against a
donor of blood only because of a person having contracted a
transmittable disease from the administration to the person of blood
given by, or of a blood product derived partly from blood given by,
that donor.
(2) Subsection (1) does not apply to or in relation to a donor who has
been found guilty of an offence against the Criminal Code, section
337 (Making false or misleading statements) or section 338 (Giving
false or misleading information).
9 Evidentiary certificates
In proceedings of the kind referred to in section 3 or 4, a certificate
purporting to be signed by the person in charge of the laboratory
where a sample of blood was tested and stating—
(a) that the blood sample was tested using approved equipment
and in accordance with an approved method; and
(b) that the results specified in the certificate were obtained;
is evidence of the matters so stated and of the facts on which they
are based.
10 Approved forms
(1) The Minister may, in writing, approve forms for this Act.
(2) If the Minister approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s 255.
Section 11
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(3) An approved form for a declaration under section 5 (a) is a
disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act 2001.
(4) Any other approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
11 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act 2001.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
doctor
person
prescribed.
approved, in relation to an instrument or method, means approved
by the chief health officer in writing for this Act.
donor means a person who gives blood at premises or a vehicle of
the society.
prescribed action means an action brought by or on behalf of—
(a) a person who claims to have contracted a transmittable
disease—
(i) because of having been administered blood supplied from
the society or a blood product derived from blood
supplied by the society; or
(ii) because of having been involved in the taking, testing,
handling, producing, supplying or administering to a
patient of blood supplied by the society or a blood
product derived from blood supplied by the society; or
(iii) from a person who contracted that disease in a
circumstance specified in subparagraph (i) or (ii); or
(b) a dependant of a person who dies as a result of having
contracted a transmittable disease in a circumstance specified
in paragraph (a);
other than an action brought under the Safety, Rehabilitation and
Compensation Act 1988 (Cwlth) or the Workers Compensation Act
1951.
Dictionary
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society means the society incorporated by royal charter under the
name of the Australian Red Cross Society.
transmittable disease means any of the following diseases:
(a) the disease known as acquired immune deficiency syndrome in
any of its forms or stages;
(b) hepatitis B;
(c) hepatitis C;
(d) any disease resulting from infection by the human T cell
lymphoma virus 1 or 2;
(e) syphilis;
(f) any other prescribed disease.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter par = paragraph/subparagraph
cl = clause pres = present
def = definition prev = previous
dict = dictionary (prev...) = previously
disallowed = disallowed by the Legislative pt = part
Assembly r = rule/subrule
div = division reg = regulation/subregulation
exp = expires/expired renum = renumbered
Gaz = Gazette reloc = relocated
hdg = heading R[X] = Republication No
IA = Interpretation Act 1967 RI = reissue
ins = inserted/added s = section/subsection
LA = Legislation Act 2001 sch = schedule
LR = legislation register sdiv = subdivision
LRA = Legislation (Republication) Act 1996 sub = substituted
mod = modified/modification SL = Subordinate Law
o = order underlining = whole or part not commenced
om = omitted/repealed or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Blood Donation
(Acquired Immune Deficiency Syndrome) Ordinance 1985 Ord1985-27 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,
s 5 on 11 May 1989 (self-government day).
It was renamed by the Blood Donation (Transmittable Diseases) (Amendment)
Act 1996 A1996-78 (see s 5).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),
s 12).
Legislation before becoming Territory enactment
Blood Donation (Transmittable Diseases) Act 1985 A1985-27
notified 1 July 1985
commenced 1 July 1985
as amended by
Blood Donation (Acquired Immune Deficiency Syndrome)
(Amendment) Ordinance 1985 Ord1985-55
notified 18 October 1985
commenced 18 October 1985
Blood Donation (Acquired Immune Deficiency Syndrome)
(Amendment) Ordinance 1986 Ord1986-47
notified 22 August 1986
commenced 22 August 1986
Blood Donation (Acquired Immune Deficiency Syndrome)
(Amendment) Ordinance (No 2) 1986 Ord1986-90
notified 22 December 1986
commenced 22 December 1986
Endnotes
3 Legislation history
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Community and Health Service (Consequential Provisions)
Ordinance 1988 Ord1988-29 sch
notified 30 June 1988
commenced 2 July 1988 (s 2)
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S164)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989
No S164)
Legislation after becoming Territory enactment
Health Services (Consequential Provisions) Act 1990 A1990-63 sch 1
notified 28 December 1990 (Gaz 1990 No S102)
s 1, s 2 commenced 28 December 1990 (s 2 (1))
sch 1 commenced 31 January 1991 (s 2 (2) and see Gaz 1991 No S4)
Workers’ Compensation (Consequential Amendments) Act 1991
A1991-106 sch
notified 15 January 1992 (Gaz 1992 No S3)
s 1, s 2 commenced 15 January 1992 (s 2 (1))
sch commenced 22 January 1992 (s 2 (2) and see Gaz 1992 No S9)
Health (Consequential Provisions) Act 1993 A1993-14 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993 (s 2 and see Gaz 1993 No S23)
Blood Donation (Transmittable Diseases) (Amendment) Act 1996
A1996-78
notified 20 December 1996 (Gaz 1996 No S328)
commenced 20 December 1996 (s 2)
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Endnotes
Amendment history 4
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Legislation (Consequential Amendments) Act 2001 A2001-44 pt 37
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 37 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.9
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.9 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.11
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.11 commenced 12 April 2007 (s 2 (1))
4 Amendment history
Title
title am A1996-78 s 4
Name of Act
s 1 am A1996-78 s 5
Dictionary
s 2 defs reloc to dict A2007-3 amdt 3.47
sub A2007-3 amdt 3.48
def authority om Ord1988-29 sch
def board ins A1990-63 sch 1
om A1993-14 sch 1
def chairman om Ord1988-29 sch
def prescribed disease om A1996-78 s 6
def service ins Ord1988-29 sch
om A1990-63 sch 1
Notes
s 2A ins A2007-3 amdt 3.48
Liability of Red Cross Society
s 3 am Ord1986-47 s 4; A1996-78 s 7
Liability of hospitals and doctors
s 4 hdg sub A2007-3 amdt 3.49
s 4 am Ord1986-47 s 5; A1996-78 s 8; A2007-3 amdt 3.50
Endnotes
5 Earlier republications
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Requirements to be complied with
s 5 am Ord1985-55 s 3; Ord1986-47 s 6; Ord1989-38 sch 1;
A1996-78 s 9; A2001-44 amdt 1.367-1.369
am A2004-15 amdt 2.22
Liability if requirements not complied with
s 6 am A1996-78 s 10; A2007-3 amdt 3.50
False statements
s 7 am A1998-54 sch
om A2004-15 amdt 2.23
Liability of donor
s 8 am A1996-78 s 11; A2004-15 amdt 2.24
Approved forms
s 10 ins Ord1986-47 s 7
om Ord1986-90 s 2
ins A1996-78 s 12
sub A2001-44 amdt 1.370
am A2007-3 amdt 3.51
Regulation-making power
s 11 ins A2001-44 amdt 1.370
Schedule
sch om Ord1985-55 s 4
Dictionary
dict ins A2007-3 amdt 3.52
def approved sub Ord1988-29 sch
am A1990-63 sch 1; A1993-14 sch 1
sub A1996-78 s 6
reloc from s 2 A2007-3 amdt 3.47
def donor reloc from s 2 A2007-3 amdt 3.47
def prescribed action am Ord1986-47 s 3; A1991-106 sch;
A1996-78 s 6
reloc from s 2 A2007-3 amdt 3.47
def society reloc from s 2 A2007-3 amdt 3.47
def transmittable disease ins A1996-78 s 6
reloc from s 2 A2007-3 amdt 3.47
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications