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Police seek HIV+ man's records

Positive Living article • Paul Kidd • 1 February 2003

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.

In the Melbourne Magistrate’s Court late last month, a barrister representing Victoria Police argued that Victorian Department of Human Services counselling records would assist the police investigation by showing whether the man, identified only as “A”, knew he was endangering the two women, one of whom was allegedly infected with HIV.

No charges have yet been laid against the man, who has been HIV-positive for 10 years. If charged and convicted, the man could face a jail term of up to 21 years under Victorian law for intentionally infecting another person with a serious disease.

Counsel for the department, Peter Golombek, said the application was very unusual given that the man has not been charged. “The prosecution is trying to get evidence of admission to decide whether or not to prosecute,” he told the Court.

The magistrate reserved his decision.

— The Age

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From Positive Living

This article was first published in the February 2003 issue of Positive Living — more than nine years ago.

While the content of this was checked for accuracy at the time of publication, NAPWA recommends checking to determine whether the information is the most up-to-date available, especially when making decisions which may affect your health.

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