1. These Guidelines provide a framework for the management of HIV public health risk within and across Australia’s State and Territory jurisdictions. Implementation of the Guidelines at jurisdictional level must necessarily occur with specific reference and attention to relevant jurisdictional legislation. Relevant provisions are primarily found within Public Health legislation and Crimes legislation.
  2. In implementing these Guidelines, jurisdictional health authorities will have regard to:
  • public health legislative measures that allow for the coercive management of people with HIV who place others at risk, including in relation to examination, testing, counselling, restrictions on behaviour or activities, supervision, treatment, detention, isolation and / or apprehension;
  • administrative or judicial review of decisions made to protect public health;
  • health information privacy and confidentiality protections, and provisions for the exchange of information between agencies in circumstances where a threat to public health exists; and
  • HIV-specific or general criminal offences in relation to grievous bodily harm or the transmission of disease through malicious, intentional or other acts.
  1. In addition to State or Territory legislation (where such provisions exist), the National Health Security Act 2007 provides a mechanism for the exchange of information across jurisdictional borders in circumstances where a threat to public health exists.