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PUBLIC HEALTH AND WELLBEING ACT 2008 - SCHEDULE

PUBLIC HEALTH AND WELLBEING ACT 2008 - SCHEDULE

Schedule

TABLE 1







Item

Column 1

Person against whom action brought

Column 2





Defences

Column 3



Exception to defences

1

The Society, a health service or an employee, agent or voluntary worker of the Society or a health service.

The Society or health service—

(a)     before taking the blood from a donor obtained a statement from the donor which is in the approved form and published in the Government Gazette; and

(b)     before supplying the blood or a blood product—

              (i)     caused a sample; or

              (ii)     in the case of a blood product, caused a sample of each unit of blood from which the product was     derived—

    to be tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease; and

(c)     obtained a negative result from that test or each of those tests.

After the Society or health service supplied blood, the Society or health service had reasonable grounds for believing that the blood was likely to contain a prescribed disease and did not take all reasonable steps—

(a)     to find out whether the blood, or a blood product derived from that blood, had been given to a person; and

(b)     to ensure that any remaining part of the blood, or a blood product derived from that blood, is not given to any person.







Item

Column 1

Person against whom action brought

Column 2





Defences

Column 3



Exception to defences

2

A health service or another body at whose premises—

(a)         blood supplied by the Society or a health service; or

(b)     a blood product derived from blood supplied by the Society or a health service—

is administered or supplied to a person.

Either—

(a)     when the blood or blood product was administered or supplied, there was attached to the container in which the blood or blood product was contained a certificate purporting to have been issued at the laboratory at which a sample of the blood was tested stating—

              (i)     in the case of blood, that a sample of the blood; and

              (ii)     in the case of a blood product, that a sample of each unit of blood from which the blood product was derived—

    was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease and that the result of the test was negative; or

If, at any time up to and including the time at which the blood or blood product was administered or used, the health service or other body at whose premises the blood or blood product was administered or used—

(a)     had been informed that the blood or blood product was likely to contain a prescribed disease; and

(b)     did not take reasonable steps to ensure that the blood or blood product was not administered to, or used by, any person.











Item

Column 1

Person against whom action brought

Column 2





Defences

Column 3



Exception to defences





(b)     the Society or health service from which the blood or blood product was supplied—

              (i)     before taking the blood from a donor obtained a statement from the donor which is in the approved form and published in the Government Gazette; and

              (ii)     before supplying the blood or a blood product—







    (A)     caused a sample; or

    (B)     in the case of a blood product, caused a sample of each unit of blood from which the product was derived—

to be tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of a











Item

Column 1

Person against whom action brought

Column 2





Defences

Column 3



Exception to defences





prescribed disease; and

              (iii)     obtained a negative result from that test or each of those tests; or







(c)     before taking the blood from a donor—

              (i)     the Society or health service obtained a statement from the donor which is in the approved form and published in the Government Gazette; and

              (ii)     the blood was required to be administered urgently; and

              (iii)     it was not reasonably practicable to obtain all the required blood from a source which has been tested in the manner which is approved by the Secretary and published in the Government Gazette;











Item

Column 1

Person against whom action brought

Column 2





Defences

Column 3



Exception to defences

3

A registered medical practitioner, nurse, midwife or registered pharmacist or a person acting on behalf of a registered medical practitioner, nurse, midwife or registered pharmacist who administered or supplied to a person—

(a)     blood supplied by the Society or a health service;

(b)     or a blood product derived from blood so supplied.

The defences set out in column 2 of item 2.

If, at any time up to and including the time at which the blood or blood product was administered or used, the registered medical practitioner, nurse, midwife or registered pharmacist or other person—

(a)     had been informed that the blood or blood product was likely to contain a prescribed disease; and

(b)     did not take reasonable steps to ensure that the blood or blood product was not administered to, or used by, any person.

TABLE 2







Item

Column 1

Person against whom action brought

Column 2





Defences

Column 3



Exception to defences

1

A health service, registered medical practitioner or a person dealing with tissue.

Either—

(a)     in the case of tissue (other than semen) taken from a living person—

              (i)     the donor completed a statement which is in the approved form and published in the Government Gazette before the tissue was taken; and

              (ii)     a sample of the donor's blood was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease; and

              (iii)     the result of the test was negative; or

(b)     in the case of tissue (other than semen) taken from the body of a dead person—

              (i)     a sample of the blood of the dead person was tested in a manner which

The health service or other person had reasonable grounds for believing that the tissue or semen was likely to contain a prescribed disease and did not take reasonable steps to ensure that the tissue or semen was not used in a way that might infect the person with a prescribed disease.







Item

Column 1

Person against whom action brought

Column 2





Defences

Column 3



Exception to defences





        is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease; and

              (ii)     the result of the test was negative; and

              (iii)     the registered medical practitioner who transplanted the tissue made, or is satisfied that another person made, reasonable enquiries about the behaviour of the dead person to find out whether that person was at a high risk of being infected with a prescribed disease; or

(c)     in the case of the use of semen in the carrying out of artificial insemination or a fertilisation procedure—

















Item

Column 1

Person against whom action brought

Column 2





Defences

Column 3



Exception to defences





              (i)     before the semen was provided by a donor, the donor completed a statement which is in the approved form and published in the Government Gazette; and

              (ii)     at the time of the donation and, upon the expiry of the prescribed period after that time, a sample of the donor's blood was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease; and

              (iii)     the results of the tests were negative; and

              (iv)     the semen was not used until after the prescribed quarantine period.



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