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Criminalisation of HIV transmission

People with HIV have a legal and moral obligation to make reasonable efforts to ensure they do not pass on HIV to their sexual partners. In some circumstances, transmitting HIV is a criminal offence, although the laws relating to transmission of HIV vary from state to state.

NAPWA believes that HIV is, first and foremost, a health issue and, as such, the criminal law should only be used as a last resort in management of people who put others at risk of HIV. We are advocating for consistent, rationally-based laws across Australia which do not put an undue onus on people with HIV as solely responsible for preventing HIV transmission.

Throwing the book at them

Positive Living article • Adrian Ogier • 4 December 2009

The key to limiting HIV transmission lies in behaviour modification in an enabling environment,’ Senator Louise Pratt told those gathered at the launch of the NAPWA HIV criminalisation monograph in October.

The Canberra launch was hosted by Senator Pratt, who chairs the Parliamentary Liaison Group for HIV/AIDS, Blood-Borne VirusesA small infective organism which is incapable of reproducing outside a host cell. and STIs[Sexually Transmissible (or Transmitted) Infection] Infections spread by the transfer of organisms from person to person during sexual contact. Also called venereal disease (VD) (an older public health term) or sexually transmitted diseases (STDs). read more »

World AIDS Day: 
‘We are living our rights’

Media release • Paul Kidd • 1 December 2009

State and federal governments should make a clear commitment to reforming laws that discriminate against HIV-positive people, state and national organisations representing people living with HIV have said. read more »

Kay Hull launches the NAPWA monograph [video]

Video • Paul Kidd • 22 October 2009

Speech by Hon. Kay Hull MP, federal member for Riverina, to launch the NAPWA monograph "The Criminalisation of HIV Transmission in Australia: Legality, Morality and Reality", at Parliament House Canberra on 22 October 2009. watch video »

Launch of the NAPWA Criminalisation Monograph

Story • Paul Kidd • 22 October 2009

“The key to limiting HIV transmission lies in behaviour modification in an enabling environment,” Senator Louise Pratt told the launch of the NAPWA HIV criminalisation monograph in Canberra today. read more »

The Criminalisation of HIV Transmission in Australia: Legality, Morality and Reality

Discussion paper • Sally Cameron and John Rule (eds) • 22 October 2009

This monograph addresses the issue of criminal prosecution of people who transmit HIV in Australia, examining the legal, moral and ethical justification for laws criminalising HIV transmission and the impacts of criminalisation on people with HIV. read more »

HIV and the law: reinforcing the model of shared responsibility

Story • Robert Mitchell • 21 October 2009

Recent increases in criminal prosecutions of HIV exposure and transmission in Australia have caused considerable concern and led some to ask: is that model of shared responsibility breaking down? NAPWA President Robert Mitchell explains the motivations behind NAPWA’s HIV Criminalisation project. read more »

Inconsistent laws against HIV transmission ‘a barrier to HIV prevention’: NAPWA

Media release • Paul Kidd • 16 October 2009

Increasing prosecutions of people living with HIV for reckless transmission of the virusA small infective organism which is incapable of reproducing outside a host cell. are counter-productive to efforts to combat HIV, the National Association of People Living with HIV/AIDS (NAPWA) has said. read more »

NAPWA represented at National Human Rights Consultation Committee meeting

Story • Graham Stocks • 11 September 2009

NAPWA’s Deputy Director, Dr John Rule, along with representatives from GBLTI organisations, attended a meeting with Mary Kostakidis and Father Frank Brennan of the National Human Rights Consultation Committee. read more »

Address to the Australasian HIV/AIDS Conference

Story • Robert Mitchell • 9 September 2009

“HIV prevention must be supported from an evidence base of best health promotion practice and with respect for the rights and dignity of those living with HIV,” NAPWA president Robert Mitchell has told today’s opening ceremony of the 21st Australasian HIV/AIDS Conference. read more »

NAPWA Bulletin

Story • Scott Lockhart • 21 May 2009
Living with HIV

The NAPWA Bulletin is issued once a quarter in the interest of keeping NAPWA's broad networks and members up to date with what’s happening in the HIV Living unit. read more »

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