Updated HIV Legal Website Provides Healthcare Professionals and Communities with Critical Legal Information
The Health+Law Research Partnership and ASHM Health are pleased to announce the release of HIV Legal.
HIV Legal is the only resource of its kind in Australia and is intended as a general guide on the legal aspects and ethical responsibilities of HIV care in Australia for healthcare practitioners and community members.
HIV Legal provides clear, practical information and guidance to support:
Clinicians to meet their legal and ethical obligations when caring for HIV-positive patients
Community members and advocates to understand the legal frameworks surrounding HIV care and the rights of affected people.
Key areas of HIV and the law that are addressed in HIV Legal include:
1. Strengthening the Standard for Informed Consent
HIV Legal continues to emphasise that the standard for HIV testing is informed consent. Informed consent for HIV testing is mandatory. Unless legally compelled, HIV testing must always be voluntary, with the individual fully informed about what the test is for, why they are being tested and any material risks associated with being tested.
2. Clarifying ‘Opt-Out’ Testing
The resource underscores that opt-out testing still requires informed consent. While the process in some jurisdictions removes the need for highly specific (often written) consent, opt-out testing models for HIV require the same informed consent that applies to all other medical tests and procedures. Opt-out testing simply removes the requirement that practitioners undertake specific, additional steps to undertake an HIV test.
3. Mandatory Testing (‘Spitting Laws’)
A significant addition covers mandatory testing laws, which in some instances may mandate testing, such as incidents involving police or emergency services workers. These laws are controversial and vary by jurisdiction.
4. Public Health Offences and the Duty to Warn
The updated guide explores the responsibilities of healthcare practitioners and HIV-positive individuals under public health legislation, including obligations to take reasonable precautions to prevent transmission of HIV.
About HIV Legal
This new, up-to-date edition of HIV Legal was written and edited by Health+Law, a multidisciplinary team of researchers from UNSW, UTS and QUT, who work in collaboration with ASHM Health, HALC, Hepatitis Australia and NAPWHA.
The resource aims to provide healthcare workers with general information on key areas of law and legal and ethical responsibilities related to HIV. It does not contain legal advice and its use is subject to our disclaimer. People seeking specific legal advice should contact their state or territory health department, a solicitor, or their medical defence organisation. All efforts have been made to ensure the content is current at the time of publication.
For more information or to explore the updated resource, visit www.hivlegal.org.au