Articles

Evidence-based drug policy: learning from the HIV epidemic and COVID-19

Article by RHYS EVANS on Community Legal Centres NSW website.

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Ending the criminalisation of HIV transmission and discrimination against people living with HIV

Article by RHYS EVANS on Community Legal Centres NSW website.

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HIV and the Law – recent developments in public health and criminal laws

December 2017 Law Society Journal article

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Review and Analysis of Australian Laws and policies relating to restrictions on entry, stay and residence for people living with HIV

UNAIDS-commissioned report prepared by HALC solicitors and colleagues.

Click on image to download a ‘first look’ copy of this report, just launched at the AIDS2014 Conference in Melbourne


Stairs, Not Ramps – Australia’s approach to migration and disability

ALEXANDRA STRATIGOS explains the Australian approach to migration for visa applicants with a disability, with specific reference to HIV and the health waiver process.

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Immigration Review Bulletin 2013 | No. 55 | March 2013 (pdf, 70kb)


Disclosure in Rural and Regional New South Wales

LANCE FEENEY and MELISSA WOODROFFE summarise concerns raised by local community members in Rural and Regional New South Wales at a series of HIV treatment forums during 2012.
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HIV Australia | Vol. 10 No. 2 | October 2012


In regional NSW, slight cover from the harsh glare of ‘Open Justice’

IAIN BRADY canvasses issues surrounding a legal case in regional NSW involving HIV.

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HIV Australia | Vol. 10 No. 2 | October 2012


Positive Changes to Australian Migration Law were short lived

ALEXANDRA STRATIGOS provides an update to the article below on opportunities for people with HIV to obtain permanent and temporary visas to live in Australia.

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Talkabout 177 , June 2012 (PDF, 70kb)


Positive Changes in Migration Law

ALEXANDRA STRATIGOS outlines some recent steps that open up opportunities for people with HIV to obtain a visa to live in Australia temporarily or permanently.

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Talkabout 175, December 2011 (PDF, 116kb)


Health care in custody: state fails its duty of care

ALEXANDRA STRATIGOS and IAIN STEWART BRADY call for greater measures to protect the health of HIV-positive people in custody.

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HIV Australia | Vol. 9 No. 1 | April 2011


HIV and Consent – When Yes means No

INDRAVEER CHATTERJEE highlights problems arising from the use of archaic laws to inform contemporary cases, such as how legal definitions of ‘consent’ affect criminal cases involving HIV transmission.

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HIV Australia | Vol. 8 No. 4 | January 2011


Don’t ask: don’t tell – Act right: play safe!
IAIN BRADY outlines the operation of HIV disclosure law in NSW and its impact, both in theory and in practice, on HIV-positive people.

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HIV Australia | Vol. 8 No. 4 | January 2011


Closed courts open door to justice

Court and Tribunal powers to utilise suppression orders  in relation to a person’s HIV status.

MELISSA WOODROFFE

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Law Society Journal, April 2011 (PDF, 316kb)


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

A monograph produced by NAPWA in 2009, including a chapter by MELISSA WOODROFFE – Criminal Transmission of HIV in Australia.

Click on image to download as a PDF  (2009, 520kb)


Time to Review Criminalisation of HIV

With the exception of cases where individuals actually intend to do harm, criminalising HIV transmission does not empower people to avoid HIV infection, and in fact may make it more difficult for them to do so, endangering both public health and human rights.

Melissa Woodroffe and Gina Mitchell

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Law Society Journal, April 2009 (PDF, 128kb)


The Duty of Disclosure in Insurance Law

There’s a question on an insurance form asking if you have HIV. Do you have to say yes?

INDRAVEER CHATTERJEE

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Talkabout, April/May 2009