National Guidelines for the Management of People with HIV Who Place Others at Risk

Level Three: Management under a Behavioural Order

Page last updated: April 2008

Level

Likely Pathway

Services to consider

Decision, decision maker and action

Three: management under a behavioural order

Management under Behavioural Order or equivalent.

At Level Three, specific powers that may be exercised include:

to order a person to undergo counselling;
to order a person to undergo treatment;
to order a person to refrain from specified behaviour or activities;
to order a person to be subject to supervision.
Advice from HIV Advisory Panel to Chief Health Officer or equivalent following client assessment.

OR

Urgent referral of case to Chief Health Officer or equivalent by Chair of HIV Advisory Panel.
Same range of services as Level Two but in addition:

Restrictions on behaviour or movement and / or compulsion to participate in treatment and comply with behavioural requirements as specified in Behavioural Order.

Supervision and surveillance as required.
Decision is making a Behavioural Order.

Made by Chief Health Officer or equivalent considering advice including from Chair of HIV Advisory Panel following Panel deliberations.

Avenue of appeal to administrative review mechanism or similar.

Communication of Behavioural Order and its requirements to client together with offer of support and advocacy services.

Consider letter of warning.

Consider options for management under Mental Health Act, Guardianship Act, etc.

Regular review by Panel and advice to Chief Health Officer or equivalent regarding continuation or otherwise of Order, and maintenance, discharge or escalation under Guidelines at not greater than four monthly intervals.
  1. In the event that a Behavioural Order or equivalent is considered the appropriate course of action by the Panel, the Panel should provide advice to the Chief Health Officer or equivalent accordingly. The advice to the Chief Health Officer or equivalent is made through the Minutes of the Panel meeting and should indicate the legislative provisions under which action should be considered and the specific requirements of the client that should be considered for inclusion in the Order. The Minutes of the Panel should provide justification for the advice. The Chief Health Officer or equivalent should consider this advice as a matter of urgency.
  2. An effective process must be in place for the communication of the advice to the Chief Health Officer or equivalent by those Departmental officers who attend meetings of the Advisory Panel.
  3. Advice from the Panel that the Behavioural Order can be modified will be made when the Panel is satisfied that this can be achieved without harm to the community.
  4. Mechanisms of appeal of Behavioural Orders, via which a person subject to a Behavioural Order may seek independent review of the Order, must be in place via an administrative appeals or similar mechanism.
  5. The person to whom the Behavioural Order applies must be informed of the Order and its implications, including the penalties for breaching the Order.
  6. Arrangements should be made to assist the person to have appropriate advocacy and legal representation in the forums in which the Order is made.
  7. Written reports of follow up of clients managed under the Guidelines at Level 2 or above must be considered by the Panel at each of its regular meetings (every four months, or more frequently).