Fundamental to Australia's success in responding to HIV has been the creation of an 'enabling environment', i.e., the construction of a supportive legal and policy framework which complements HIV education campaigns and other public health measures, by enabling and encouraging healthy behaviours within populations most at-risk of HIV.

The Commonwealth Disability Discrimination Act 1992 (the DDA) provides protection against discrimination on the grounds of disability. The DDA prohibits discrimination in areas of work, accommodation, education, access to premises, clubs and sport; the provision of goods, facilities, services and land. The Act covers existing laws and the administration of Commonwealth laws and programs.

Australian States and Territories have anti-discrimination laws that protect people from discrimination on the grounds of gender and race. Most states and territories also have legislation protecting against discrimination on the grounds of disability, including specific provisions regarding people living with HIV and people perceived to be HIV positive.

This legislation is the foundation of Australia's human rights framework and when analysing the implications of proposed changes to the DDA and to other legislation and policies, it is important to ensure that the protections provided by the DDA are not undermined.

Australia's migration policies

Australia's migration legislation is exempt from the DDA. AFAO considers that this exemption is unjustified and that policies affecting people living with HIV should be reformed - particularly policies affecting HIV-positive refugees and asylum seekers. More info ...

Sexuality and the law

Given the early and continuing prevalence of HIV among gay men in Australia, the creation of anti-discrimination laws specifically addressing discrimination against gay, lesbian, bisexual, transgender and intersex (GLBTI) people has been a particular focus for AFAO. AFAO's recent submission to the United Nations Development Programme's Global Commission on HIV and the Law outlines Australia's public health response to HIV, and the significant part that anti-discrimination laws and policy advocacy has played in the success of that response.

Download Submission (PDF, 369.3)

On Friday 17 June 2011, the UN Human Rights Council passed a historic resolution in support of LGBT rights. The resolution addresses human rights violations based on sexual orientation and gender identity. LGBT rights advocacy organisation All Out urged people around the world to lobby their foreign ministers to support this resolution when it came to the vote.

View AFAO's letter to Australia's Foreign Minister Kevin Rudd. (PDF, 46 KB)

Same-sex attracted and transgender young people can face homophobic stigmatisation, discrimination and violence from early childhood. In October 2009 AFAO made a submission to the Inquiry into the Impact of Violence on Young Australians outlining particular issues to be addressed for young people living with HIV.

Download AFAO's submission (PDF, 30KB)