HIV, You and the Law

You may be aware; in Australia there have been recent cases where people have allegedly passed on HIV deliberately. This is also a possibility here in Tasmania and other places in Australia. 

We believe this is an important time to remind you of the Tasmanian laws relating to HIV transmission. Did you know the laws about HIV transmission vary across Australian States and Territories? 

We must also remember new cases of HIV in Australia are continuing to increase each year. This not a time to take risks! 

We want people to be free to express themselves sexually. However, we must also remember HIV continues to mostly affect gay men and other men who have sex with men (eg. bisexual guys). Some states including Tasmania have also shown small increases among women recently. 

It is important to know if you have HIV. If you do, this means you can access the best possible supports sooner and aim for better health outcomes.

 Below is some important information about the law and what it could mean for you. So please ‐ play safe and respect each other. 

Tasmania’s HIV/AIDS Preventive Measures Act states the following:

 

  1. A person who is and is aware of being infected with HIV or is carrying and is aware of carrying HIV antibodies must – 
     
    • take all reasonable measures and precautions to prevent the transmission of HIV to others; and
    • Inform in advance any sexual contact or person with whom needles are shared of that fact.
       
  2. A person who is and is aware of being infected with HIV or who is carrying and is aware of carrying HIV antibodies must not knowingly or recklessly place another person at risk of becoming infected with HIV unless that other person knew that fact and voluntarily accepted the risk of being infected.

   Division 3 – Orders, Section 20.

 Remember the Public Health Act and the Criminal Code Act are also relevant and should be consulted.

 For more information about Tasmanian Laws visit www.thelaw.tas.gov.au

 

What can this mean for you?

Firstly, you should know what your HIV status is ‐ consider when you last took a risk and when you last had an HIV test. (Remember the 3 month ‘window period’) 

If you have HIV ‐

  • you must take reasonable measures and precautions to prevent the risk of transmitting HIV 
  • You are required, by current Tasmania law, to tell a sexual partner about your HIV before you have sex (yes, including oral sex) or before you share injecting equipment
  • Recklessly or deliberately passing on HIV can result in criminal charges
  • Putting others at risk of transmission can result in legal action restricting your conduct and movements.

 If you do not have HIV–

  • you should remember many people find it very difficult to tell you about their HIV, so don’t make any assumptions. Few people lie about it, but yes, some do!
  • This does not mean you should not get tested for HIV – health‐wise it is best to know. 

 

Who can help?

 There are a number of ways to find out more information: 

MAN2MAN Program at TasCAHRD

 Tel:  1800 005 900 or (03) 6234 1242   Email:  m2m@tascahrd.org.au  

Sexual Health Services

Hobart: 6233 3557  -  Launceston: 6336 2216  -  Devonport: 6421 7759  -  Burnie: 6434 6315

Freecall 1800 675 859

 

We also encourage you to talk to your doctor about your overall sexual health, including HIV/AIDS.

 

Article by Kevin Marriott, CEO TasCAHRD