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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 151

Blood donations

    (1)     This section applies to an action brought in tort, in contract, under statute or otherwise by or on behalf of—

        (a)     a person who claims—

              (i)     to have been infected with HIV, Hepatitis C or a prescribed disease because he or she was given, or in any way dealt with, blood supplied by the Society or a health service or a blood product derived from blood so supplied; or

              (ii)     to have been infected with HIV, Hepatitis C or a prescribed disease by another person who was given, or in any way dealt with, any such blood or blood product; or

        (b)     a dependant or the estate of a person who died as a result of having been infected with HIV, Hepatitis C or a prescribed disease as specified in paragraph (a).

    (2)     If a person is found liable in an action brought by a person, or on behalf of the estate, referred to in subsection (1) for damage, this section also applies to an action brought by the person found liable to recover contribution from any other person liable in respect of that same damage.

    (3)     Subject to subsection (4), in an action to which this section applies brought against a person specified in column 1 of an item in Table 1 in the Schedule, it is a defence to prove the facts or matters specified in column 2 of that Table unless any of the facts or circumstances mentioned in column 3 of that Table apply.

    (4)     If a person specified in column 1 of an item in Table 1 in the Schedule cannot prove a fact or matter specified in column 2 of that Table, the person can still rely on the relevant defence in column 2 of the Table if the person can prove that, in respect of that fact or matter, the failure to comply did not cause the relevant loss.



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