HIV, Sex and the Law
It is everyone’s responsibility to ensure their own safety through practising safe sex.
In this section:
Legislation relating to transmission of HIV
If you think you may have been exposed to HIV
If you have recently been diagnosed with HIV
What are your responsibilities/how might the law affect you?
Advocacy and policy related to criminal prosecutions
Legislation relating to transmission of HIV
Each state and territory has different laws under which a person can be charged with recklessly, negligently or deliberately transmitting HIV to another person, or exposing them to HIV.
These laws are most commonly applied in relation to sexual transmission or exposure. Some states have specific offences relating to disease transmission, while in others an HIV-positive person can be charged with offences such as ‘grievous bodily harm’.
If you think you may have been exposed to HIV
If you think that you may have acquired HIV from a sexual partner you may be shocked and upset – and unsure what to do. The first thing to do is to consider having a test that will show if you have acquired HIV. More info…
When you have the antibody test, you should receive some counselling or discussion both before you take the test and when you receive your test results. This is to ensure that you are fully informed about the test, and about the implications of testing HIV- positive.
In all Australian states and territories post exposure prophylaxis (known as ‘PEP’) is available to people who have recently been exposed to HIV. PEP may in some cases to prevent HIV becoming established in the body. Find out more…
If you have recently been diagnosed with HIV
If you have recently discovered that you are HIV-positive, you may feel unsure about having sex. This is understandable but being HIV-positive does not mean it’s the end of your sex life. Our page on Sex and Relationships may help you explore these issues.
Equally, it’s important to seek advice and support so that you don’t put others at risk. Support is available from your local AIDS Council, People Living With HIV/AIDS groups or a multicultural service.
What are your responsibilities/how might the law affect you?
Although a person is not generally obliged to tell others that they are HIV-positive, the law may require disclosure under certain circumstances. For further information about disclosing HIV status, see the Disclosure page.
AFAO’s discussion paper, HIV, Crime and the Law in Australia: Options for Policy Reform – a law reform advocacy kit, includes a Table listing the different charges which exist around Australia that can be applied in relation to sexual transmission of HIV, or exposing another person to HIV. These laws can change from time to time.
For up-to-date, accurate information about the law and HIV you can contact the HIV/AIDS Legal Centre or your local community legal centre:
HIV/AIDS Legal Centre - www.halc.org.au
National Association of Community Legal Centres –www.naclc.org.au
Advocacy and policy related to criminal prosecutions
AFAO and other commentators are concerned that prosecution of those who transmit the virus to others has the potential to undermine public health efforts by stigmatising people living with HIV and discouraging those who engage in high-risk behaviours from engaging with the health system.
Click here for information on AFAO’s policy and advocacy work on criminalisation
All content contained within this website is copyright © AFAO, unless otherwise stated. Content may be reproduced for non-commercial, personal research or educational purposes free of charge, provided the following citation is made: "Reprinted from [name of publication], published by the Australian Federation of AIDS Organisations". Contact AFAO regarding other uses of content.
