Media Releases

HIV should be treated as a public health issue, not a criminal offense, and the incoming Victorian government should make law reform in this area a priority if the state is to end new HIV transmissions by 2020.
Living Positive Victoria and the Victorian AIDS Council (VAC) have today called on both Labor and Coalition parties to set out a timeline and process for delivery of commitments made during July’s International AIDS Conference in Melbourne - AIDS 2014.
The organisations agree that reform is needed in two key areas to bring Victoria into line with world’s best practice:
1. Immediately repeal section 19A of the Crimes Act 1958 (VIC)
2. Establish protocols between the police, public prosecutors and public health to ensure that alleged cases of HIV exposure or transmission are managed through the public health system established under the Public Health and Wellbeing Act 2008 and not through the criminal justice system
Section 19A is Australia’s only HIV-specific criminal law and has been condemned by HIV and legal experts as a barrier to an effective HIV response, as it perpetuates stigma and discourages people from testing, disclosure and treatment. During AIDS 2014, both the Government and Opposition undertook commitments to reform Section 19A; however, the Government has not provided any details of its proposal, nor set out a timetable for delivery.
“As we approach the state election, we are putting both sides of politics on notice that we will ensure these commitments are delivered,” said Paul Kidd, Chair of the HIV Legal Working Group and past president of Living Positive Victoria. “Regardless of who forms the next government, we expect to see meaningful reform which ensures HIV is treated as a health issue, not a law and order issue.”

As well as the repeal of section 19A, the agencies argue that guidelines, modelled on those already
adopted in the UK, are needed to enable police, prosecutors and health authorities to work together
to ensure that, wherever appropriate, people who are subject to allegations of HIV transmission or
exposure are managed within the public health system, with criminal law reserved for rare cases
where intentional transmission can be proven.
“We strongly believe the right way to deal with this issue is to remove HIV from the criminal law as
far as possible. Victoria has an excellent and respected public health case management process
which is highly successful in responding to the small number of people with HIV who are alleged to
place others at risk,” Kidd said. “We welcome the commitments made during the conference and we
are reminding all parties that we will hold them to their word.”
VAC and Living Positive Victoria urge both parties to set out a timeline and process by which these
reforms will be achieved after the state election on 29 November 2014.

Knowing Your HIV status is central to our goal of ending HIV. The introduction of rapid testing in Victoria has
seen an increase in HIV and STI testing amongst gay men and other men who have sex with men (MSM). Building on this success,
the Victorian AIDS Council (VAC) and Living Positive Victoria are aiming to increase the availability of testing. We are also advocating
for the introduction of Pre Exposure Prophylaxis (PrEP).
“Protecting people from contracting HIV with one pill per day, PrEP is a vital tool that gay men and other affected communities
need access to,” said VAC CEO Simon Ruth.
With the Victorian State Election now less than eight weeks away, VAC and Living Postive Victoria are calling for all political parties
to commit to the actions outlined in their joint document HIV/AIDS: What Your Government Can Do including:
• Support increased community based rapid testing for gay men and MSM throughout Victoria using mobile facilities
and/or outposted services, with accredited peer testers
• Advocate for the availability of HIV self-testing devices with the TGA and commit to supporting these devices in
Victoria by funding a community based co-ordinated health promotion campaign targetting people who choose
to use self-testing devices
• Work with community based service providers to address systematic STI screening barriers
• Commit to better strategies targeting women and culturally and linguistically diverse (CALD) communities at risk of
HIV and promote improvements in HIV testing so that the gender and cultural gap in time-to-diagnosis is reduced
• Recognise PrEP as a highly effective HIV risk reduction strategy being employed by gay men and MSM in Victoria
to avoid HIV and encourage its approval with the TGA
• Support the introduction of PrEP in Victoria by addressing financial barriers to access and funding consumer
support programs
To view the joint document HIV/AIDS: What Your Government Can Do, go to: www.vac.org.au

Living Positive Victoria and the Victorian AIDS Council (VAC) call on all political parties to:
 Commit to funding community initiated HIV stigma campaigns to address HIV stigma and discrimination
 Commit to funding programs that build the resilience of children affected by HIV
 Commit to funding family therapy counselling and support community based peer education programs for families living with HIV to build stronger communications and relationship within these families
 Reduce gender inequities faced by woman and girls living with HIV through a broad response which addresses discrimination against these groups
HIV stigma continues to be one of the most significant barriers to stoping onward transmissions of HIV. HIV stigma is a barrier for people who would ordinarily seek information, advice, testing and treatment. Without accurate, accessible and up to date information in the community, ignorance, fear and apprehension will continue to fuel the spread of HIV across our communities.
The need to challenge HIV stigma is demonstrated through evidence based research and the development of community based campaigned such as ENUF. Even so, people living with HIV continue to face stigma and discrimination and benefit from the resilience building programs and services offered by community organisations.
Commitment to broad awareness campaigns and specific actions targeting women, girls and children affected by HIV, means that there can be better awareness of HIV for prevention and health management and less fear towards those at the margins of the population affected by HIV.
Kim, Christabel and Wayne all live with HIV. They represent some of the diversity of people living with HIV and share their hopes for the realisation of commitment to this action and what that might mean for them.

Here is what they have to say about ending HIV stigma:
“I am a women, a mother, a grandmother living with HIV. 55% of all people living with HIV globally
are women, but in Australia many still believe that it is a gay man’s problem. We require serious
political commitment and investment to enable our families, children and future generations to be
free, to make informed choices and decisions, to protect themselves from HIV. People living with HIV
face discrimination and stigma which stifles us into a state of fear and silence and thus lack of
autonomy. It is a vicious cycle that must be broken. There is a need to strengthen commitment and
action for integrating gender equality into local and national program responses. We need to ensure
that there is equal and equitable access to knowledge, prevention, treatment, care and support for
all those who need it. Informative HIV campaigns and programs must be directed at the broader
Australian public, as they have a right to appropriate HIV information that will break down the
discrimination and stigma and prevent them from becoming infected with HIV. I need to see my
Grandchildren and their friends informed and skilled so they will never have to deal with stigma and
discrimination because of HIV, or become infected as I did, through lack of HIV education.”
Kim – 60 years old and living with HIV for the past 20 years
“I was shocked when I was diagnosed with HIV. Straight people assume their community is negative
and this misconception changed my life. As a young heterosexual woman I did not realise how
relevant this issue was to me. And then after my diagnosis the shame and stigma hit me, and it came
from people in my life who I did not expect it from. It hurt me so deeply, so personally. HIV does not
have boundaries; it can't be labelled and does not confine itself to particular sections of society. HIV
disproportionately affects women and children globally; young women living with HIV in Australia
face an isolating type of stigma. HIV is well known in the gay community, it’s not known enough
outside of that community. We need support to build resilience among those most marginalised, to
change community attitudes and to make sure that those who are most vulnerable are always
protected."
Christabel - 26 years old and living with HIV for the past 4 years.

“There is so much evidence that HIV stigma is getting in the way of real progress in Australia, and having even worse impacts in much of the world where HIV has taken a firm hold. My experience in being diagnosed with HIV and then living with HIV as a straight Aussie male sat way outside the bulk of the population of people living with HIV in Australia and so my struggle against stigma has been long and at times isolating. We know that people living with HIV can have families, and families especially need ongoing support to build resilience, so that the children and grandchildren of people living with HIV can understand what’s happening in their family so that they are not afraid. And we need broader reach campaigns into all communities to make sure that women, children and families, people from culturally and linguistically diverse communities and straight guys like me, get the message. We are all at risk of HIV, we can end Hi transmissions and we can live together with HIV.”
Wayne – 55 years old and living with HIV for the past 22 years.
Living Positive Victoria and VAC call on all political parties to hear the community call for the resources and political will needed to end HIV stigma.

As part of recent reforms, the Victorian AIDS Council (VAC) has launched its
Alcohol & Other Drug (AOD) Service for clients within the Victorian LGBTI and people living with HIV
(PLHIV) communities.
Providing client-centred treatment for AOD issues, VAC offers individual counselling or therapeutic group
sessions through its suite of ongoing programs at the Peter Knight Centre (6 Claremont Street, South
Yarra), including:
• Rewired: for men who have sex with men (MSM) and addressing methamphetamine use
• Drink Limits: for same-sex attracted women and alcohol use
• Over the Limit: for MSM and alcohol use
Now the service now also includes:
• AOD Counselling – in the Inner North (at Co-Health Fitzroy and Uniting Care ReGen, Coburg)
and Inner South, with additional phone counselling available for statewide client needs
• Care & Recovery - Care coordination for LGBTI and PLHIV clients, tailored to suit client needs
• VAC - LGBTI Alcohol & Drug Services Line - 03 9690 9390 or 1800 906 669 (free call) for
assessment and referral
• Sector Capacity Building - professional development for healthcare workers in AOD services
throughout Victoria, offering guidance as well as secondary consultation when working with
LGBTI and PLHIV clients.
For free secondary consultation, education and capacity building, interested organisations are
encouraged to contact our team at aod@vac.org.au or call James Dale on 03 9865 6700.

With the recent success of the VAC Community Forums HIV Prevention: Get PrEPped
on PrEP and Gay Men’s Health & PrEP: the new voices of community activism, VAC is set to continue the
Community Forum series with Sex Now! A Forum About How We Have Sex on Tuesday 30 September 2014
at The GH Hotel in St Kilda.
Focusing on sexual health, the event will include a discussion of risk reduction strategies used by gay
men to reduce the transmission of HIV an other STIs as well as the terminology utilised during sexual
encounters. This forum will feature a panel of three guests: Brent Allan (Executive Director, Living Positive
Victoria), Garrett Prestage (The Kirby Institute, ARCSHS) and Dr Vincent Cornelisse (The Centre Clinic,
Prahran Market Clinic). Presentations will be immediately followed by a Q&A session with attending
community members.
Colin Batrouney, VAC’s Director - Health Promotion, Policy and Communications, further explained the
need for this forum, saying, “We are at a point in the epidemic where there have never been so many
options to prevent HIV and to reduce the risk of transmission and acquisition. It is important that we have
the opportunity, as a community, to come together to examine these strategies and discuss what they
might mean for us in the future.”
The Community Forum series is free to attend, but RSVP is recommended via email: enquiries@vac.org.au
For more information, go to: www.vac.org.au/forums

Living Positive Victoria and the Victorian AIDS Council (VAC) call on all political parties to commit to:
 Fund HIV treatment for all people living with HIV (PLHIV) by removing the co-payment for HIV treatment in Victoria
 Implement a state wide community dispensing model for HIV medication that does not require consumers to attend inner city clinics for dispensing
Access and adherence to successful treatment has been proven to be beneficial for both the individual and the community, lowering the amount of damage the virus can do to the body and limiting onward transmission of HIV. With campaigns such as Ending HIV championing early treatment, barriers such as cost of treatments become a real issue for newly diagnosed individuals.
“I totally agree. Meds should be cheaper, especially when [you are] first diagnosed and you can’t work full time and you can’t get a health card. Paying $36 a pop for how many meds you are on makes it not that easy and only escalates the trauma to learning about your new disease,” says community member Garry Hildtich.
In January 2014, the Burnet Institute issued a report Financial barriers to HIV treatment in Victoria1 on the issue of access in Victoria. The report outlines the impact of cost barriers to treatment on people living with HIV, including the cost burden of having to fill multiple scripts and co-morbidities.
Associate Professor Mark Stoové, one of the lead researchers on the Burnet report, states “there are anomalies and inequities in the current system and there is no doubt that removal of barriers relating to cost and access to HIV treatments among those who can least afford it will mean more people living with HIV are on and adhering to effective treatments. Finding ways to alleviate financial pressures associated with HIV treatments needs to be supported by the state to ensure the system is
properly funded and supported.”
In the Seventh National HIV Strategy (2014) the Commonwealth acknowledges that “for some people
living with HIV, issues around side effects, adherence, treatment failure, drug resistance, cost, and
arrangements that restrict dispensing of antiretroviral medication to selected hospital pharmacies
present barriers to commencing or continuing treatment. Systemic and structural barriers to
treatment uptake, such as dispensing arrangements and treatment access across all groups, need to
be addressed by Commonwealth, state and territory governments.”
Presently, Victoria has an inequitable system. Treatments are provided free of charge; however, this
only applies to individuals obtaining treatment from the Melbourne Sexual Health Centre (MSHC).
This means the one third of Victorian PLHIV not accessing MSHC are required to pay the co-payment,
which leaves these individuals incurring upwards of $800 in medical costs per year. Accessing MSHC
can be an issue for PLHIV living in rural and regional Victoria as well as for those in full time
employment, who find it difficult to get time away from work when the pharmacy is open.
Living Positive Victoria and VAC welcome commitments from all political parties and individuals
running for election on the actions identified in the joint election platform relating to Access to
Treatment.

The 2014 Northside Bizarre at The Laird Hotel on Sunday 14 September saw another
impressive turnout from the local community to support and raise over $17,000 funds for JOY 94.9 and the
Victorian AIDS Council’s David Williams Fund (DWF).
The annual event sees The Laird Hotel open its doors to both men and women as a market place, auction
house and bbq with all funds raised being split between Melbourne’s independent LGBTIQ radio station
(JOY 94.9) and VAC’s emergency financial assistance service for people living with HIV (DWF).
“The Northside Bizarre, at the Laird, has become a great community tradition for Melbourne. We saw
people from all communities, including the leather community, JOY 94.9, local businesses, the bear
community, and VAC sponsored Chargers Rugby and Surge Waterpolo clubs. A huge crowd came out for
what’s become not only a significant annual fundraiser but a great social event,” said VAC CEO Simon Ruth.
JOY 94.9 General Manager Conrad Browne went on to say, “Once again, JOY 94.9 was so pleased to be
a part of this annual event that brings together our diverse community to support two great Melbourne
institutions. As always we are extremely grateful to our generous hosts Brett, Mark and the lads from The
Laird as well as the wonderful volunteers from VAC & JOY who gave their time and dedication to ensure
this fantastic fundraiser was such a great success. We also sincerely thank all of those who donated auction
items and of course to everyone who attended and showed their support too.”
The Laird Co-owner, Brett Lasham added, “Mark [co-owner] and I couldn’t be happier with the turnout on
Sunday. It’s so rewarding to be able to host an event which brings such a friendly and diverse crowd. We
are so grateful to everyone who contributed, businesses and volunteers alike. We already have plans to
make Northside Bizarre even bigger in 2015!”
The Northside Bizarre plans to return in September 2015.

As AIDS 2014 draws to a close, Victoria has an opportunity to grasp a lasting legacy which will help deliver on the promise
of ending new HIV infections by 2020.
VAC and Living Positive Victoria recognise that during this seminal gathering of scientists, policy leaders and the community, significant
steps have been made to advance the public debate, and achieve political commitment on the non-discriminatory use of the criminal
law in respect to HIV transmission and exposure.
The announcement by the Victorian Government that it’s committed to law reform on this issue is an important and very welcome
step. The amendment of the Crimes Act 1958, to remove a discriminatory provision dealing with HIV transmission, is central to meeting
this commitment. It is now time to set out the legislative and consultative processes required to turn this commitment into action.
Cross-party support for this process would follow Australia’s long history of bipartisanship on HIV issues, and we especially note that
this approach continues to be supported and promoted through the endorsement of the AIDS 2014 Legacy Statement by all Australian
Health Ministers. The highest-level commitment in that Statement is “working towards the virtual elimination of new Australian HIV
transmissions by the end of 2020.”
We now call for bipartisan political commitment on the following five key principles to support an action plan on implementing world’s
best practice for dealing with HIV exposure and transmission within both the criminal and public health law.
Principle 1 - HIV treated as a public health issue
Where there is a concern that a person with HIV may put others at risk, a public health case management approach is best placed to
produce good outcomes. The terms of the review should be designed to ensure that HIV transmission and exposure are treated as
matters of public health and appropriately managed within the existing public health system wherever possible.
Principle 2 – Excise section 19A from the Crimes Act
The amendment of the Crimes Act 1958 to repeal section 19A is the appropriate mechanism to ensure that HIV discrimination is
removed. Any amendment of the Crimes Act must not extend legal discrimination to people with other infectious diseases.
Principle 3 - Appropriate use of the Crimes Act in non-intentional transmission and exposure cases
The appropriate use of the criminal law should be supported by a review of the circumstances and practice of HIV related matters in
and a commitment to best practices including prosecutorial guidelines.
Principle 4 – Expert and community consultation
Such review of the appropriate use of criminal law relating in HIV-related matters should be supported by broad community and civil
sector consultation and expert advice.
Principle 5 – Actions delivered within 12 months
Implementing these principles will require adequate time for a consultation process and the development of legislative options to
enable the appropriate use of the Crimes Act 1958 and the Public Health and Wellbeing Act 2008 in HIV matters. Reform and review
must be completed by the first anniversary of AIDS 2014 (i.e. by 25 July 2015).
Commitment to these principles will move Victoria forward in addressing the enabling factors identified in the Melbourne Declaration
2014 and will be a part of the AIDS 2014 legacy for all Victorians towards the virtual elimination of new HIV transmission by 2020.

The Victorian AIDS Council (VAC) and Victorian Trades Hall Council are facilitating the
Working Together, Stronger Together - AIDS 2014 Mobilisation March from 3:30PM Tuesday 22 July
2014.
The Mobilisation March has been a traditional part of the International AIDS Conference, tracing its origins
back to the political marches at the 1987 International AIDS Conference. Since then, the March has
been used as a vehicle for airing both political and cultural issues faced by the global HIV/AIDS community.
The March has a history of focussing on a diverse range of issues impacting on the fight against HIV/
AIDS. Issues likely to be raised in this March include, but are not limited to:
Access to Affordable Treatment
Fighting HIV Stigma and Discrimination
Freedom of Movement for People Living with HIV (PLHIV)
Access to Effective Prevention Options
LGBTI Rights
Government Inaction on Preventing the Spread of HIV
Eliminating the Criminalisation of HIV
The last of these being particularly topical in light of the recent announcement by the Victorian Government
to amend section 19A of the Crimes Act 1958 which identifies the intentional transmission of HIV
as a criminal act.
At 3:30PM, the March will assemble at the Melbourne Convention and Exhibition Centre (MCEC) - the
location of the 20th International AIDS Conference.
Commencing at the front of the MCEC, the March will proceed down Flinders Street. The March will
significantly change format at the corner of Elizabeth Street and Flinders Street before arriving at Federation
Square. The March will be largely comprised of international activists and conference delegates
joined by local activists and community groups to raise awareness of issues faced by people living with
HIV (PLHIV) across the globe as well as at-risk communities.
The rally will open with speeches from local and international activists in addition to Victorian Trades Hall
Council’s Luke Hilakari and VAC CEO Simon Ruth. The March concludes at Federation Square, where it is
followed by the AIDS 2014 Candlelight Vigil from 6PM. All Mobilisation March attendees are encouraged
to stay and attend the Vigil.

A coalition of civil society organisations has today cautiously welcomed the Victorian government’s commitment to
amend section 19A of the Crimes Act 1958, while calling on the government to clarify, extend its commitment to repealing the provision
once and for all.
“We are concerned by the language used in yesterday’s announcement promising to amend section 19A to make it non-discriminatory
for people with HIV,” said VAC CEO Simon Ruth. “This suggests the possibility that section 19A could be converted into a general
provision covering other infectious diseases. We believe that would be a step in the wrong direction.”
“While intentional transmission of an infectious disease is potentially a criminal act, there is no justification in law or science for
enacting special criminal provisions to cover it – the existing criminal law is sufficient,” said Paul Kidd, Chair of HIV Legal Working
Group, Victoria. “Section 19A carries a higher penalty than most offences and we are deeply concerned that the proposed amendment
could risk repeating the mistakes made in 1993 when section 19A was enacted, but extending that to people with hepatitis or
other infectious conditions.”
“Repealing section 19A would have a positive impact on the stigmatisation of people living with HIV, with no negative impact on public
safety,” said Living Positive Victoria President Ian Muchamore. “Its repeal would remove an embarrassing anachronism from the
law of this State and put us on the path to eliminating HIV infections by 2020.”
The campaign for repeal of section 19A was launched by Living Positive Victoria and the Victorian AIDS Council, and has the support
of the following organisations:
• Criminal Bar Association - Victoria
• Australasian Society for HIV Medicine
• Kirby Institute - UNSW
• AIDS 2014 Organising Committee
• Pacific Friends of the Global Fund
• Human Rights Law Centre
• Victorian Gay and Lesbian Rights Lobby
• Hepatitis Victoria
• Liberty Victoria
• Transgender Victoria
• Bisexual Alliance Victoria
• Straight Arrows Inc.
• National Association of People Living with HIV Australia
• Australian Federation of AIDS Organisations
• HIV Justice Network
Press Conference details: 2PM, Monday 21 July in Press Conference Room 1 at the Melbourne Convention & Exhibition Centre.

VAC and Living Positive Victoria congratulate the Napthine Government on today’s announcement to amend section
19A of the Crimes Act 1958, Australia’s only HIV specific law that criminalises the intentional transmission of HIV. Both organisations
consider section 19A to be inconsistent with efforts to reduce HIV stigma and improve HIV testing among affected communities
in Victoria. Reforming section 19A is a key component of a joint election platform that both organisations released to the public
a week ago on Monday 14 July 2014.
Both VAC and Living Positive Victoria strongly recommend that the Victorian Government outline the details of the amendment
as well as outline a timeframe for its implementation ahead of an AIDS 2014 press conference at 2PM tomorrow on HIV and
criminalisation.
VAC and Living Positive Victoria call upon on the Opposition and Government to work together with the community to ensure that
this important reform is achieved in the bipartisan manner that has characterised Australia’s response to HIV/AIDS.
Addressing laws that stigmatise people living with HIV should form part of Australia’s response to HIV and the legacy of AIDS 2014.
Press conference details: 2PM, Monday 21 July in Press Conference Room 1 at the Melbourne Convention & Exhibition Centre.

The devastating news regarding Malaysian Airlines Flight MH17 was further saddening as
details confirmed those lost included delegates for the upcoming 20th International AIDS Conference here
in Melbourne.
“Our sincerest condolences go out to the families, friends and colleagues of those lost in today’s tragedy,
including those delegates on board Flight MH17 who were en route to AIDS 2014. The energy and
excitement has been building amongst the local community in preparation for hosting this global event. It
is devastating to learn of this tragic loss for the international HIV/AIDS community on the eve of AIDS 2014.
I trust we’ll see this same international community come together in a spirit of solidarity throughout the
week ahead,” stated VAC CEO Simon Ruth.
Since Thursday morning, VAC has been hosting the AIDS 2014 Welcome Desk at Melbourne Airport. In
response to today’s events, an experienced member of VAC’s Counselling Services team will be on site
alongside volunteers to meet arriving delegates throughout the weekend. These accredited counselling
professionals will be available to provide information and initial support for arriving delegates.
Further support is available for those affected at:
• Lifeline 13 11 14
• GriefLine 1300 845 745
• BeyondBlue 1300 224 636
General information is available from the Better Health Channel website at: www.betterhealth.vic.gov.au