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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.

Progress on criminalisation

Positive Living article • Adrian Ogier • 24 November 2011
living with HIV

Some countries have made significant progress in recent times by reforming laws around HIV transmission and exposure offences, Edwin J Barnard from the UK told people at the conference. read more »

Unlawful intentions

Positive Living article • Adrian Ogier • 3 March 2011

Adrian Ogier tries to makes sense of the HIV criminal cases currently before the courts. read more »

AIDS 2010: Science and the law in HIV criminalisation

Story • Paul Kidd • 19 July 2010

The role of science and scientific evidence in HIV criminalisation was highlighted in a pre-conference session at the International AIDS Conference in Vienna, Austria on 18 July. read more »

Fanning HIV fear fosters discrimination

Story • Robert Mitchell • 3 June 2010

Recent reporting of HIV transmission cases in Australian media has shown the ignorance of many commentators of the comprehensive detail of systems and procedures for management of people who put other sat risk, which in the majority of cases are effective at reducing risks to the community.  read more »

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 NAPWHA 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 • 30 November 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 NAPWHA monograph [video]

Video • Paul Kidd • 22 October 2009

Speech by Hon. Kay Hull MP, federal member for Riverina, to launch the NAPWHA 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 NAPWHA 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 NAPWHA 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? NAPWHA President Robert Mitchell explains the motivations behind NAPWHA’s HIV Criminalisation project. read more »

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