Liability where requirements not complied with
26D Liability where requirements not complied with
The defence afforded by section 26B does not apply if, after the
Society has supplied blood to be administered to a person or to be used in the preparation of a blood product to be administered to a person, the Society has reasonable grounds for believing that that blood or blood product is likely to contain any pathogen capable of causing the relevant transmittable disease and:
the Society does not take all reasonable steps to ascertain whether the blood or blood product has been administered to a person;
or
having taken those steps and having reason to believe that that blood or blood product has not been so administered, the Society does not take all reasonable steps to ensure that the blood or blood product is not administered to a person.
The defence afforded by section 26C does not apply if, at any time up to and including the time at which the blood or blood product was administered, the hospital or other body at the premises of which the blood or blood product was administered:
had been informed that that blood or blood product was likely to contain any pathogen capable of causing the relevant transmittable disease; and
did not take all reasonable steps to ensure that the blood or blood product was not administered to a person.
The defence afforded by section 26C does not apply to or in relation to a medical practitioner or person acting on behalf of a medical practitioner if, at the time the blood or blood product was administered, the medical practitioner or other person had been informed that that blood or blood product was likely to contain any pathogen capable of causing the relevant transmittable disease.
This Act’s bill:Second reading speech
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