HIV organisations call for reform of Victoria’s criminal laws

Victoria’s criminal laws must be reformed if the state is to achieve the goal of eliminating HIV
transmissions by 2020, the Victorian AIDS Council and Living Positive Victoria have said. The call
comes as the two organisations release a joint policy discussion paper focusing on the repeal of
section 19A of the Victorian Crimes Act.
“Section 19A, which is the only HIV-specific criminal law in Australia, is a remnant of a time when
HIV infection was almost invariably fatal,” said VAC CEO Simon Ruth. “Today, with improvements
to HIV treatments that ensure people with HIV can lead healthy, productive lives, section 19A
serves no useful purpose.”
While only rarely prosecuted, section 19A falsely characterises people living with HIV as a threat
to public safety. It contributes to the stigmatisation of HIV and people living with HIV, and this
stigma is one factor that discourages people from being tested, seeking treatment, and disclosing
their HIV status to sexual partners.
“Studies have shown that criminalising HIV has no positive impact on people’s sexual risk taking.
In fact it can have a negative impact by forcing HIV underground, and discouraging people from
disclosing their status,” said VAC/LPV HIV Legal Working Group Chair Paul Kidd.
Respected international organisations, including UNAIDS and the Global Commission on HIV and
the Law, have strongly condemned the use of criminal laws as a way to control HIV. HIV-specific
laws, such as section 19A, have been especially criticised as counterproductive to HIV prevention
efforts.
“The eyes of the world will be on us when the International AIDS Conference starts in Melbourne
in just a few days’ time. The latest Australian HIV Strategy, released earlier this week includes
bold new targets including the elimination of new HIV transmissions by 2020. Now is the right
time to address those criminal laws that impede our shared commitment to end HIV ” said Ruth.
Victoria has a well-developed public health process that engages with people to encourage the
adoption of safer sexual practices. This process is a highly effective alternative to the criminal law
that is accepted and supported by community organisations as the best way to respond to
allegations of risky behaviour. Living Positive Victoria and VAC are calling for an end to HIV
criminal prosecutions in all but the most extreme cases, and a renewed emphasis on the public
health process.

“We have the opportunity to bring an end to the HIV epidemic in Victoria within a few years, but
we must act to reduce HIV stigma and ensure that HIV is treated as an issue of public health, not
public safety. We are calling on all political parties to commit to repeal section 19A and review the
treatment of HIV within the criminal justice system,” said Kidd.
“Section 19A is a relic of the past, and today it is doing more harm than good. It’s time for it to
go.”
A PDF copy of Policy Brief: Repeal of Section 19A is attached, or can be downloaded from
livingpositivevictoria.org.au/repeal19A.