Update to the Public Health Act – effective 18 October 2017
click HERE for more information
HALC produces a number of guides to HIV and the law. We endeavour to keep these documents up to date, but please note that the information in the Guides is not a substitute for legal advice. Please contact us for advice if you have a specific legal problem.
They are available for download below as PDF documents.
NEWS FLASH – Update to the Public Health Act – effective 18 October 2017
Click on the image to read our joint statement with ACON about these changes.
A person with a sexually transmissible disease, including HIV, in NSW, is no longer required by law to disclose that they have such a condition prior to sexual intercourse. However, if you know you have a sexually transmissible disease, including HIV, you must take reasonable precautions to prevent transmitting the condition to others. Please consult your doctor to discuss what constitutes reasonable precautions in your particular circumstances.
Disclosing your HIV Status in New South Wales
A Guide for people living with HIV in NSW. When are you legally required to disclose your HIV status?
Please note – the guide is currently being updated to reflect recent changes to the Public Health Act. The information on page 3 of the Guide is now out of date and inaccurate.
Recent changes to the Public Health Act mean that people with HIV are not legally required to disclose to sexual partners, but are required to take reasonable precautions to prevent transmission of HIV. Please contact us if you have questions, and watch out for an update to the Guide shortly.
Click on image to download (251kB, August 2013)
Disclosing your HIV status in Queensland
A guide for people living with HIV in Queensland. This guide explores when you are legally required to disclose your HIV status as well as non-legal considerations of disclosure.
Please note – Since publication amendments have been made to the following sections:
Page 9 Disclosure to Employers – Health Care Workers
Page 10 Disclosure to Employers – Australian Defence Force
For up to date information on these sections, please contact HALC directly.
Click on image to download (June, 2018)
Disclosing your HIV status in South Australia
A Guide for people living with HIV in South Australia. When are you legally required to disclose your HIV status? This new Guide, produced in association with Positive Life South Australia looks at a range of situations where disclosure of HIV may or may not be legally required.
Click on image to download (239kB, December 2013)
Disclosing your HIV Status in Western Australia
A Guide for people living with HIV in Western Australia. When are you legally required to disclose your HIV status? This Guide looks at a range of situations where disclosure of HIV may or may not be legally required. Please note the information in this Guide is specific to Western Australia, and the laws are different in different States and Territories.
Click on image to download pdf (650kb, April 2013)
Positive Migration Guide
A Guide to immigration for HIV positive people, their family members and others who fail the health criteria. This Guide if for people with HIV who seek to travel to Australia. It will also be useful to anyone who seeks to come to Australia and who fails the health criteria on the grounds of them posing a significant cost to Australia.
Click on image to download the Guide and below to download Annexures. (Size 1.1MB, December 2012)
A Guide for Women living with HIV in NSW
This Guide is designed for women living with HIV and the service providers who work with them. Due to the nature of the HIV epidemic in Australia, the needs of women with HIV are often overlooked or misunderstood. The Guide provides basic information on some of the legal issues faced by women with HIV in NSW.
Click image to download (172KB, January 2012)
This Guide explains the relevant law in NSW on probate and succession. It is designed to demystify the process of estate distribution in NSW. It covers the following areas: How to distribute an estate; Applying for Probate; What happens when there is no will; Administration in NSW.
Please contact us for more information about the updated Guide and annexures.
Click image to download (124KB, December 2011)
Having HIV should not impose too many restrictions on travelling overseas on holiday. The following websites provide further information about countries with restrictions. PLHIV Organisations around Australia (for example Positive Life NSW) will also be able to provide further practical advice about travelling with your HIV medication.
Click image to download (328KB, April 2009)
A Guide for legal representatives of people living with HIV who may be facing a custodial sentence through the criminal justice system.
Click image to download (256kb, 2004)
We hope to revise and update this Guide in the near future.