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Legislative Assembly for the ACT: 1999 Week 3 Hansard (23 March) . . Page.. 688 ..

My answer

Where a person who is now hepatitis C positive was transfused with blood from a hepatitis C positive donor between 1985 and 1990 and where it is more probable than not that the blood transfusion was the source of infection, then that person is eligible for financial assistance;

� that the amount of financial assistance should be based on the impact that the disease has had on the person's health and life;

� that the cost of litigation over Hepatitis C transmitted by blood transfusion, both to Government, the Red Cross and litigants be minimised.

All persons who believe that they are eligible for compensation are first referred for independent legal advice. Once details of the case are known, the Lookback will commence to determine if the donor is in fact Hepatitis C positive. The process of financial settlements also requires a number of specialists tests to be undertaken to assess the clinical condition of patients and the establishment of a causative link between the infection with Hepatitis C and a previous transfusion. Additional investigation needs to be undertaken in relation to the substantiation of loss of earnings and for quality of life and life expectancy estimates for patients. This is consistent with normal legal practice in ascertaining settlement sums. If a causative link has been established, the ACT Government Solicitor will attempt to negotiate settlements with the plaintiff's solicitor in all cases.

Financial arrangements in association with Hepatitis C infection are difficult to quantify, however, the Department has estimated a potential outlay of $8.7million over two years. This figure is the worst case scenario and would have to include substantial loss of earnings for some of the individuals affected. As the Commonwealth jointly funds the Red Cross Blood Service in each state, it has agreed to contribute 40% of legal settlement costs. In the ACT it is unlikely that any settlements will be agreed before July 1999. In other States the experience is that settlements so far have been between $20,000 and $60,000 for each individual. However, where loss of earnings can be proved, this can result in a substantial settlement. One case currently being negotiated in another state is in the order of $1m- $1.2m.

A table is set out under Attachment A that may assist to clarify the situation for Members.

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