Thorne Harbour Opposes South Australia's Mandatory Disease Testing Bill
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05 Mar 2025
Thorne Harbour Health has expressed strong opposition to the South Australian Government's proposed Criminal Law (Forensic Procedures) (Blood Testing) Amendment Bill 2024, citing concerns over its scientific validity, potential to spread disinformation, and its exacerbation of stigma toward people living with blood-borne viruses (BBVs).
The bill intends to protect frontline emergency services workers by mandating blood testing of individuals who spit at or bite them. Yet, expert bodies such as the Australasian Society for HIV, Viral Hepatitis and Sexual Health Medicine have firmly stated that mandatory testing for BBVs is not an effective or evidence-based approach to public health.
We support policies that ensure a safe workplace for all workers, including emergency services personnel. However, this bill is not an evidence-based approach to achieving that goal. It creates unnecessary anxiety for workers and does nothing to improve public health outcomes. The bill, as drafted, does not consider the actual risk of transmission.
Thorne Harbour Health Vice President and Secretary of the HIV Justice Network, Paul Kidd.
- Testing should only be permitted where there is risk of transmission. HIV, Hepatitis B, andHepatitis C cannot be transmitted through saliva, meaning spitting does not pose a risk.
- Testing should only be ordered within 72 hours of alleged exposure, as this is the windowin which prophylactic interventions (such as post-exposure prophylaxis, or PEP) can preventtransmission. The proposed six-month time frame is ineffective and misleading.
- Emergency service workers should undergo immediate medical treatment if a risk isidentified, rather than waiting for mandatory test results that may be misleading or delayed.
People living with HIV continue to face stigma across many aspects of our lives, including in our interactions with police. It's vital that emergency workers understand how HIV is transmitted and when they are at risk of transmission. There have been zero recorded cases of HIV transmission to an on-duty police officer in Australia.
President of Positive Life SA, Kath Leane.
By promoting inaccurate information about how BBVs are transmitted, this legislation does more harm than good. Not only does it put emergency workers at risk of misunderstanding real threats, but it also increases discrimination against people living with HIV.
Kath Leane.
Thorne Harbour Health remains committed to working with the South Australian Government to achieve outcomes that protect both emergency workers and communities affected by BBVs. However, the organisation cannot support the bill in its current form.
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