means the person receiving treatment in a health establishment, including receiving blood or blood products, or using a health service, and if the person receiving treatment or using a health service is-
| a) | below the age contemplated in section 39(4) of the Child Care Act, 1983 (Act No. 74 of 1983), "user" includes the person’s parent or guardian or another person authorised by law to act on the firstmentioned person’s behalf; or |
| b) | incapable of taking decisions, "user" includes the person’s spouse or partner or, in the absence of such spouse or partner, the person’s parent, grandparent, adult child or brother or sister, or another person authorised by law to act on the firstmentioned person’s behalf; |