Health Act 1911

Blood and Tissue (Transmissible Diseases) Regulations 1985

 

 

 

Reprinted under the Reprints Act 1984 as

at 14 November 2014

Blood and Tissue (Transmissible Diseases) Regulations 1985

Contents

1.Citation1

2A.Regulations operate as local laws1

2.Term used: blood1

3.Taking of blood without declaration2

4.Declaration to be required from donor2

5.Person authorised to permit declarations to be made3

6.Form of declaration3

7.Offences4

Schedule 1 — Blood donor declaration

Notes

Compilation table8

Defined terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 14 November 2014

Health Act 1911

Blood and Tissue (Transmissible Diseases) Regulations 1985

1.Citation

These regulations may be cited as the Blood and Tissue (Transmissible Diseases) Regulations 1985 1.

2A.Regulations operate as local laws

Under section 343A of the Act, these regulations apply as if they were local laws made by each local government.

[Regulation 2A inserted in Gazette 22 May 2012 p. 2164.]

2.Term used: blood

(1)In these regulations — 

blood includes any substance derived from blood.

(2)A reference in these regulations to the donating of blood shall be read as including a reference to the donating of any substance obtained from the blood, or of any ovum or semen.

[Regulation 2 inserted in Gazette 17 May 1991 p. 2480.]

3.Taking of blood without declaration

(1)Subject to this regulation, a person shall not — 

(a)take any blood intended for therapeutic use; or

(b)knowingly accept for therapeutic use any blood donated,

unless the person donating the blood made a declaration in the form prescribed by these regulations within the 12 hours preceding the donation of the blood.

(2)Where the donor of any blood is by reason of injury or illness incapable of making a declaration in the form prescribed by these regulations, a person who takes, or accepts a donation of, blood from that donor for therapeutic use where the circumstances are such as to be, in the opinion of a person who is a designated officer, or the delegate of a designated officer, for the purposes of the Human Tissue and Transplant Act 1982, medically justifiable shall not be taken to have contravened subregulation (1).

(3)The taking or accepting of blood that is intended — 

(a)for the use of the donor; or

(b)for a use other than a therapeutic use,

shall be taken not to contravene subregulation (1) notwithstanding that no declaration is made in respect of that blood.

[Regulation 3 amended in Gazette 13 May 1988 p. 1596.]

4.Declaration to be required from donor

A person who intends to donate blood for therapeutic use is required to furnish in writing to the person taking the blood at the time of donating that blood a declaration made in the form prescribed by these regulations before a witness who is authorised by these regulations to permit such a declaration to be made in their presence, that declaration having been made within the preceding 12 hours, and shall not donate blood unless such a declaration is furnished.

[Regulation 4 amended in Gazette 13 May 1988 p. 1596.]

5.Person authorised to permit declarations to be made

For the purpose of taking declarations required by these regulations, a person who is within one of the following categories of authorised persons may permit such a declaration to be made before them — 

(a)a person who is an authorised witness for a statutory declaration in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005 section 12(6);

(b)a person who is a designated officer, or the delegate of a designated officer, for the purposes of the Human Tissue and Transplant Act 1982;

[(c)deleted]

(d)a staff member of the Red Cross Blood Transfusion Service,

and shall state his or her full name on and sign the declaration, date it and endorse on it the time at which it was made and the category of authorisation to which he or she belongs.

[Regulation 5 amended in Gazette 13 May 1988 p. 1596; 1 Apr 2011 p. 1177.]

6.Form of declaration

For the purposes of these regulations, the form of declaration to be furnished shall comply with the form set out in Schedule 1.

[Regulation 6 inserted in Gazette 13 May 1988 p. 1596; amended in Gazette 12 Feb 1999 p. 474.]

7.Offences

A person who contravenes regulation 3(1) or 4 commits an offence and is liable to a penalty of not more than $1 000 and not less than — 

(a)in the case of a first offence, $100; and

(b)in the case of a second offence, $200; and

(c)in the case of a third or subsequent offence, $500.

[Regulation 7 inserted in Gazette 13 May 1988 p. 1596.]

 

Schedule 1  Blood donor declaration

[r. 6]

[Heading inserted in Gazette 22 May 2012 p. 2164.]

There are some people who MUST NOT give blood as it may transmit infections to those people who receive it. To determine if your blood or blood products will be safe to be given to people in need, we would like you to answer some questions. These questions are a vital part of our efforts to eliminate diseases from the blood supply.

All of the questions are important to answer. Answer each question on the form as honestly as you can and to the best of your knowledge. THERE ARE PENALTIES INCLUDING FINES AND IMPRISONMENT FOR ANYONE PROVIDING FALSE OR MISLEADING INFORMATION.

All donations of blood are tested for the presence of hepatitis B and C, HIV (the AIDS virus), HTLV and syphilis. If your blood test proves positive for any of these conditions, or for any reason the test shows a significantly abnormal result, you will be informed.

Please respond by placing a cross or a tick in the relevant box. Do not circle.

To the best of your knowledge, have you ever:

 

1.Thought you could be infected with HIV or have AIDS?


¨ Yes¨ No

2.“Used drugs” by injection or been injected, even once, with drugs not prescribed by a doctor or dentist?



¨ Yes¨ No

3.Had treatment with clotting factors such as Factor VIII or Factor IX?


¨ Yes¨ No

4.Had a test which showed you had hepatitis B, hepatitis C, HIV or HTLV?


¨ Yes¨ No

In the last 12 months have you:

 

5.Had an illness with both a rash AND swollen glands, with or without a fever?


¨ Yes¨ No

6.Engaged in sexual activity with someone you might think would answer “yes” to any of questions 1‑5?



¨ Yes¨ No

7.Had sexual activity with a new partner who currently lives or who has previously lived overseas?



¨ Yes¨ No

8.Had sex (with or without a condom) with a man who you think may have had oral or anal sex with another man?



¨ Yes¨ No

9.Had male to male sex (that is, oral or anal sex) with or without a condom?
(Females please tick “I am female”)


¨ Yes¨ No

I am female 

10.Been a male or female sex worker (e.g. received payment for sex in money, gifts or drugs)?


¨ Yes¨ No

11.Engaged in sexual activity with a male or female sex worker?


¨ Yes¨ No

12.Been imprisoned in a prison or been held in a lock‑up or detention centre?


¨ Yes¨ No

13.Had a blood transfusion?

¨ Yes¨ No

14.Had (yellow) jaundice or hepatitis or been in contact with someone who has?


¨ Yes¨ No

In the last 6 months have you:

 

15.Been injured with a used needle (needlestick)?

¨ Yes¨ No

16.Had a blood/body fluid splash to eyes, mouth, nose or to broken skin?


¨ Yes¨ No

17.Had a tattoo (including cosmetic tattooing), body and/or ear piercing, electrolysis or acupuncture (including dry‑needling)?



¨ Yes¨ No

Thank you for answering these questions. If you are uncertain about any of your answers, please discuss them with your interviewer.

We would like you to sign this declaration in the presence of your interviewer to show that you have understood the information on this form and have answered the questions in the declaration to the best of your knowledge.

Your donation is a gift to be used to treat patients. In some circumstances, your donation may be used for the purposes of research, teaching, quality assurance or the making of essential diagnostic reagents (including commercial reagents). A part of your donation will also be stored for possible future testing and research; samples that are no longer required will be destroyed. Approval from an appropriate Human Research Ethics Committee is required before any research is undertaken on your donation or any part of it.

You may be asked to undergo further testing, which you have the option to decline.

Should you become aware of any reason why your blood should not be used for transfusion after your donation, please call us. In particular, if you develop a cough, cold, diarrhoea or other infection within a week after donating, please report it immediately.

I agree to have blood taken from me under the conditions above and —

•I have been provided with “Information about the risk of donating blood”. I have read and understood this information and have had the opportunity to ask questions. I accept the risks associated with donation and agree to follow the instructions of the staff to minimise these risks.

•I declare that I have understood the information on this form and answered the questions in the declaration honestly and to the best of my knowledge. I understand that there are penalties, including fines and imprisonment, for providing false or misleading information.

Donor

Witness

Surname/
Family name:

Surname/
Family name:

Given name:

Given name:

Date of birth:

Signature:

Signature:

Date:

Date:

Time:

 

Donation number:

[Schedule 1 inserted in Gazette 22 May 2012 p. 2164-6; amended in Gazette 6 Jun 2014 p. 1789.]

dline

 

 

Notes

1This reprint is a compilation as at 14 November 2014 of the Blood and Tissue (Transmissible Diseases) Regulations 1985 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Blood and Tissue (Transmissible Diseases) Regulations 1985

8 Feb 1985 p. 517‑19

8 Feb 1985

Blood and Tissue (Transmissible Diseases) Amendment Regulations 1986

12 Sep 1986 p. 3350

12 Sep 1986

Blood and Tissue (Transmissible Diseases) Amendment Regulations 1988

13 May 1988 p. 1596‑7

13 May 1988

Blood and Tissue (Transmissible Diseases) Amendment Regulations 1991

17 May 1991 p. 2480‑1

17 May 1991

Blood and Tissue (Transmissible Diseases) Amendment Regulations 1999

12 Feb 1999 p. 474‑7

12 Feb 1999

Reprint of the Blood and Tissue (Transmissible Diseases) Regulations 1985 as at 11 Oct 2002 (includes amendments listed above)

Blood and Tissue (Transmissible Diseases) Amendment Regulations 2010

22 Jun 2010 p. 2769-71

r. 1 and 2: 22 Jun 2010 (see r. 2(a));
Regulations other than r. 1 and 2: 4 Jul 2010 (see r. 2(b))

Blood and Tissue (Transmissible Diseases) Amendment Regulations 2011

1 Apr 2011 p. 1177

r. 1 and 2: 1 Apr 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 2 Apr 2011 (see r. 2(b))

Blood and Tissue (Transmissible Diseases) Amendment Regulations 2012

22 May 2012 p. 2163-6

r. 1 and 2: 22 May 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b))

Blood and Tissue (Transmissible Diseases) Amendment Regulations 2014

6 Jun 2014 p. 1788‑9

r. 1 and 2: 6 Jun 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 6 Jul 2014 (see r. 2(b))

Reprint 2: The Blood and Tissue (Transmissible Diseases) Regulations 1985 as at 14 Nov 2014 (includes amendments listed above)

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

blood2(1)