Terms used
3 Terms used
In this Act, unless the contrary intention appears —
AIDS means disease known as acquired immune deficiency syndrome in any of its stages, including its antibodies and its virus;
AIDS related action means action brought by or on behalf of —
a person who claims to have contracted AIDS —
by reason of having been administered blood supplied by the Society or a hospital or a blood product derived from blood so supplied; or
by reason of having been involved in the taking, testing, preparation, processing, handling, supplying, or administering to a patient of blood supplied by the Society or a hospital or a blood product derived from blood so supplied; or
from a person who contracted AIDS in a circumstance specified in subparagraph (i) or (ii);
or
a dependant or the estate of a person who dies as a result of having contracted AIDS in a circumstance specified in paragraph (a);
approved means approved by the Chief Health Officer by instrument in writing for the purposes of this Act;
blood product includes blood component;
Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1);
Department means the department of the Public Service of the State principally assisting the Minister in the administration of this Act;
donor means person who gives blood for therapeutic purposes to the Society or a hospital;
donor declaration means declaration made by a donor in the form prescribed or adopted by regulations made under section 14;
hospital, in relation to —
a public hospital as defined in the Health Services Act 2016 section 6, means the health service provider for that hospital;
a hospital other than a public hospital referred to in paragraph (a), means person conducting or managing that other hospital;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
Society means the society incorporated by Royal Charter under the name of the Australian Red Cross Society;
Transmissible Diseases Regulations means regulations that —
are made under the Health (Miscellaneous Provisions) Act 1911 or the Public Health Act 2016; and
consist of or include provisions that provide for or require a person donating blood to make a declaration.
[Section 3 amended: No. 103 of 1994 s. 18; No. 22 of 2008 Sch. 3 cl. 6; No. 35 of 2010 s. 36; No. 11 of 2016 s. 285(2); No. 19 of 2016 s. 110 and 281.]
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