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

Level Five: Referral to police

Page last updated: April 2008

Level

Likely Pathway

Services to consider

Decision, decision maker & action

Five: Referral to police

Referral to Police under the Crimes Act or other relevant Act.

Consideration of the referral to Police for investigation and possible prosecution under the Crimes Act or other relevant Act may be made at any Level of public health management under these Guidelines.
By the Chief Health Officer or equivalent, always with legal advice:

immediately where there are clear grounds for a charge involving intentionally causing serious bodily harm; or
after further examination and / or intervention, of unwillingness to alter behaviour that recklessly or negligently endangers or causes serious harm.

Referrals to Police should also be made if a serious crime (for example, rape, child sexual abuse, or child pornography) has been identified in the course of the public health investigation or intervention.
Continued public health action and provision of services as needed.Decision is referral to Police under Crimes Act or other relevant act.

Decision made by Chief Health Officer or equivalent, always with legal advice, and usually after consultation with Chair of HIV Advisory Panel.