VICTORIAN GOVERNMENT ANNOUNCEMENT TO REPEAL 19A

Today’s announcement by the Victorian Government to introduce legislation to repeal Section 19A of the Crimes
Act 1958 (Vic) has been welcomed by the Victorian AIDS Council (VAC), Living Positive Victoria, and various community leaders.
The Andrews Government has recognised that Section 19A is the only offence of its kind in Australia - contributing to the stigma
experienced by people living with HIV (PLHIV) and hindering efforts in HIV prevention.
During the 20th International AIDS Conference (AIDS 2014) in Melbourne last July, VAC and Living Positive Victoria spearheaded
a campaign to #Repeal19A with the support of state and national organisations across health and law sectors. The campaign saw
commitments from various political parties going into November’s Victorian State Election to repeal 19A including the Andrews
Labor Government.
“The law needs to treat HIV transmission as a public health issue, not as a criminal justice issue. Section 19A wrongly stigmatises
people living with HIV as dangerous. It risks undermining public health messages around HIV prevention. It is vital to repeal section
19A in order for our laws to support the community’s efforts to reduce HIV stigma, encourage people to seek treatment as early as
possible, and prevent future transmission of HIV,” said senior Victorian barrister Ian Freckelton QC.
Chair, HIV Legal Working Group, Paul Kidd went on to say, “Research around the world shows this is the right way to combat HIV.
Our organisations strongly believe the Public Health and Wellbeing Act provides the best way to deal with allegations of risky
behaviour – keeping the public safe and protecting human rights. We are calling on the Director of Public Prosecutions to adopt
prosecutorial guidelines that support that commitment.”
Professor Sharon Lewin, Director of the Doherty Institute, The University of Melbourne and the local co-chair for AIDS2014 said
“Reducing HIV transmission is best approached through effective public health policy and community engagement – not through
criminalisation and stigma. The repeal of section 19A is a very welcome announcement and an important enduring legacy from
AIDS2014 to see an end to stigma and discrimination for all people living with HIV.”
“Now that this legislation has been introduced, we hope it is met with the same bipartisan support we have seen in the Victorian
response to HIV/AIDS historically,” said VAC CEO Simon Ruth. “Repealing 19A will allow us to combat the stigma experienced by
PLHIV and to continue our work in HIV prevention - a vital step forward if we’re to see a future with no new HIV notifications in
Victoria.”