Western Australian Consolidated Acts Western Australian Consolidated Acts 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) a
person who claims to have contracted AIDS —
(i)
by reason of having been administered blood supplied by
the Society or a hospital or a blood product derived from blood so supplied;
(ii)
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
(iii)
from a person who contracted AIDS in a circumstance
specified in subparagraph (i) or (ii);
or
(b) 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 Executive Director,
Public Health, by instrument in writing for the purposes of this Act;
blood product includes blood component;
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) a
public hospital within the meaning of the Hospitals and Health Services
Act 1927 , means board of that hospital; or
(b) 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;
the Department means the department of the Public
Service of the State principally assisting the Minister in the administration
of this Act;
the Executive Director, Public Health, means the
person holding or acting in the office of the Executive Director, Public
Health and Scientific Support Services, in the Department;
the Society means the society incorporated by
Royal Charter under the name of the Australian Red Cross Society;
the Transmissible Diseases Regulations means the
Blood and Tissue (Transmissible Diseases) Regulations 1985 made under the
Health Act 1911 .
[Section 3 amended by No. 103 of 1994
s. 18; No. 22 of 2008 s. 162; No. 35 of 2010 s. 36.]