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HIV and the law

More than two decades after the first cases of AIDS were diagnosed in Australia, people living with HIV still face unacceptable levels of discrimination and stigma.

NAPWHA is working to end discrimination, protect the legal rights of positive people and foster an environment of co-operation and trust.

Key resources

Same Sex Law Reform briefing paper - cover

This briefing paper discusses the impact of changes to social security payments (including the Disability Support Pension) for people in same-sex relationships, which are planned to take effect from 1 July 2009.

HIV/AIDS Legal Service Guides

The HIV/AIDS Legal Centre produces a number of guides to HIV and the law.

Note that the information in the Guides is not a substitute for legal advice.
Please contact the HALC for advice if you have a specific legal problem.

Guides are available for download as PDF documents.

What the law says

From How we tell: disclosure • 28 October 2003

If you have HIV you should not pass the infection on. A person who transmits HIV to another person, or exposes another person to the risk of infection, may have broken the law. The penalty may be a fine, community service or imprisonment. You may also be sued by the person infected (or their family) for compensation. read more »

Prominent human rights advocate to speak at HIV conference in Cairns

Media release • 17 October 2003

Justice Marcus Einfeld, an eminent former judge of the Federal Court, will be the keynote speaker at the Ninth National Conference of People Living with HIV/AIDS, in Cairns later this month. read more »

Confidentiality on trial in landmark HIV case

Story • Paul Kidd • 1 June 2003
living with HIV

A Sydney woman is suing two doctors after they failed to inform her of her partner’s positive HIV and hepatitis B tests.  read more »

Not the Sex Police!

Positive Living article • David Menadue • 1 April 2003

They’ve been called ‘the sex police’ but meeting these three compassionate and understanding nurses, it’s hard to understand why. read more »

Police seek HIV+ man's records

Positive Living article • Paul Kidd • 1 February 2003
living with HIV

Police in Victoria have sought a court order to access the confidential health records of an HIV-positive man who is under investigation for having unprotected sex with two women. read more »

The last word - the law and HIV transmission

From • 1 July 2002

A person with HIV who transmits the virusA small infective organism which is incapable of reproducing outside a host cell. to another, or exposes another person to the risk of HIV transmission, may have broken the law.  read more »

HREOC summit for peak disability organisations

Story • John Rule • 5 December 2001
living with HIV

On 4 and 5 December 2001, the Human Rights and Equal Opportunity Commission (HREOC) hosted a summit for peak disability organisations. NAPWHA’s HIV Living Policy Analist, John Rule, presented the following submission to the meeting. read more »

Declaration of rights

Story • 1 December 1993
living with HIV

The text of the first NAPWHA declaration of rights adopted by the NAPWHA Conference in 1993. read more »

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External links

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