Victorian Consolidated Legislation

Health Act 1958 - SECT 132A

Transitional provision concerning statutory defence in relation to Hepatitis C

132A. Transitional provision concerning statutory defence in relation to
Hepatitis C



(1) Despite anything to the contrary in this Act, section 132 does not apply-

   (a)  in relation to any claim that a person has been infected with
        Hepatitis C if any court process initiating any action based on the
        claim was filed before the date section 22 of the Health Acts
        (Amendment) Act 1995 came into operation; or

   (b)  in relation to any Hepatitis C infection that occurred or was
        transmitted by a blood donation made before 5 February 1990.

(2) For the purposes of section 132, the testing of a sample for Hepatitis C
was conducted in an approved manner before the date section 22 of the Health
Acts (Amendment) Act 1995 came into operation if the sample was tested-

   (a)  between 5 February 1990 and 26 November 1991 using the ABBOTT HCV EIA
        test; or

   (b)  on or after 26 November 1991 using the ABBOTT HCV EIA Second
        Generation test.