Although an individual is not generally obliged to tell others that they are HIV-positive, the law may require disclosure under certain circumstances.

In some states, such as NSW, a person with HIV is currently legally required to tell any sexual partner of their HIV-positive status, even if they intend to have safe sex. Laws regarding disclosure prior to sex vary from state to state, and failure to disclose HIV-positive status prior to sex can result in criminal charges.  For the most accurate and up-to-date information about disclosure and sex, it's best to check with a Community Legal Centre or an AIDS Council to see how the laws in a particular state operate.

There are other situations where an individual may be asked about whether they have been diagnosed with HIV:

• The law states that HIV-positive people cannot donate blood, semen, ova or any other body tissues, so application forms given to potential donors may ask about HIV status
• The Department of Immigration and Citizenship requires anyone applying for permanent residency and some other types of visas to provide the results of an HIV test
• An individual may also be asked about their HIV status if applying for life insurance, or by their superannuation fund. Some companies refuse to insure HIV-positive people, or may refuse to insure where a person refuses to answer questions regarding their HIV status.
  

For further information for individuals about disclosing HIV status, see the Legal issues page.