Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(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—
(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.