What Your Government Can Do - HIV and Criminalisation

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.