Action agenda to remove discriminatory HIV laws in Victoria and advance legacy of AIDS2014

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.