Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 152

Tissue 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 received tissue (other than semen) taken from a person or the body of a dead person; or

              (ii)     to have been infected with HIV, Hepatitis C or a prescribed disease by another person who received such tissue; or

        (b)     a person who claims—

S. 152(1)(b)(i) amended by No. 76/2008 s. 157.

              (i)     to have been infected with HIV, Hepatitis C or a prescribed disease as a result of the carrying out in relation to the person of artificial insemination or a treatment procedure within the meaning of the Assisted Reproductive Treatment Act 2008 ; or

              (ii)     to have been infected with HIV, Hepatitis C or a prescribed disease by another person in relation to whom such a procedure was carried out; or

        (c)     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) or (b).

    (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 Table 2 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 in Table 2 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, failure to comply did not cause the relevant loss.



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