Disclosing HIV Status
Q: When do I actually need to tell someone I’m positive?
Ask an Expert’s legal advisers said…
There are very limited circumstances in which an HIV positive person is required by law to disclose their HIV status. It is important to note that laws differ from State to State in relation to disclosure, especially disclosure in the context of sexual relationships.
In South Australia, the law currently does not require a person with HIV to disclose their HIV status to a sexual partner. Rather, it requires a person with HIV (or indeed any other communicable disease) to take all reasonable measures to prevent transmission of the disease to others.
In general there is no requirement to disclose to your employer, except in very limited circumstances where you work as a healthcare professional undertaking ‘exposure prone procedures’, if you are applying to join the Defence Forces, or in certain positions in commercial aviation. If you are unsure, please contact your local PLHIV organisation or HALC (http://www.halc.org.au/contact.html) for advice.
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