As a person living with HIV you have the same rights as any other Australian citizen, as well as certain responsibilities relating to the transmission of HIV. This section has information about issues in your life that may be affected by the law: confidentiality, disclosure and discrimination.

Confidentiality

Disclosure

Discrimination

The HIV /AIDS Legal Centre (Link to http://www.halc.org.au/) can assist with legal problems, or refer you to a local service. Some AIDS councils also provide legal services.

HALC has published a resource on legal issues specifically for HIV positive women. Download it from the HALC website.

Confidentiality

Having people to talk to about HIV is important. At the same time, you may not want certain people to know that you have the virus. Before telling anyone, ask yourself whether that person needs to know, whether you trust that person and how it might affect your relationship with them.

There are laws in most states in Australia which protect your confidentiality. This means that it's generally against the law for doctors, nurses and health care providers to tell anyone that you're positive without your consent. However, the general public are not bound by these laws so it's very important that you are able to trust the people you tell.

If you would like to speak confidentially to someone, AIDS councils and People living with HIV groups can offer you a safe place to talk about HIV, especially when deciding who you might tell.

Disclosure

Although you are not generally obliged to tell anyone your status, the law may require you to tell people under certain circumstances. In some states such as NSW, you are currently legally required to tell any sexual partner that you are HIV-positive, even if you intend to have safe sex. These laws vary from state to state. Some cases of non-disclosure have ended up in court, so it's best to check with your local Community Legal Centre or AIDS council to see how the laws in your particular state might affect your decision.

There are situations where you may be asked about whether you 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 requires anyone applying for permanent residency and some other types of visas to provide the results of an HIV test. You may also be asked about your HIV status if applying for life insurance or by your superannuation fund. Some companies may refuse to insure you if you are HIV positive or if you refuse to tell them your status.

Tips for disclosing your HIV status

You can never take back disclosure, or control how people will react including whether they may gossip about it. If you think the person will have a bad reaction, leave it until you feel more confident that you can handle it, or don't tell them.

It might be helpful to rehearse what you want to tell people beforehand.

Remind the person to keep it confidential, but accept that they may need to talk to others about it. Ask them to be careful who they tell or suggest other people who they could talk to for support.

When you tell someone that you have HIV, they might want to ask you questions not only about your individual circumstances, but also about HIV itself. It can be a useful conversation to have and may alleviate concerns that they may hold.

When you tell someone close to you, such as a partner, parent or child, that you have HIV, you should carefully consider the nature of your relationship, and what understanding, if any, the person you are telling may already have about HIV. Due to the intimate nature of these types of relationships, it is important to carefully consider how disclosing that you have HIV may affect these relationships.

The AFAO resource Next Steps (PDF, 4 MB ) provides useful advice about how to approach disclosing to those close to you.

Discrimination

As an HIV-positive person, you have many legal rights that protect you from discrimination. You cannot be refused a job, housing, medical services or dental services just because you live with HlV. Discrimination based on HIV status is illegal throughout Australia under Commonwealth law, and some states have separate legislation to protect you against HIV- related discrimination. It is illegal to discriminate on the grounds of HIV-positive status for employment, education, the provision of goods, services and facilities, accommodation, buying or selling property, club membership, sport and administration of Commonwealth programs. The law also protects people who are believed to be HIV- positive and people who associate with HIV-positive people.
All states and territories have their own anti-discrimination laws making it illegal to discriminate on the grounds of physical handicap or impairment. HIV/AIDS is included under this heading.

What can you do if you have been treated unfairly?

If you feel you may have been discriminated against or if you would like more information about the various laws covering HIV-positive people, contact your local AIDS Council.

You can also contact your Anti-Discrimination/Equal Opportunity authority, Medical Complaints Body or your Local Community Legal Centre.