Resources

This report shows that HIV-related legal matters arise across a spectrum of both public and private law, including anti-discrimination law, wills and estates, and tort law. In this review, 281 relevant records from all Australian jurisdictions were uncovered spanning a wide range of areas of law. Migration law was an area where a significant number of HIV-related cases were identified, demonstrating a clear relationship between HIV status and the determination of visa-related questions before a decision-maker or judge. Although the results reported here indicate that HIV-related legal matters extend well beyond those related to the criminal law, at the same time, the prosecution of people living with HIV for transmission-related offences remains a feature of the criminal law.

Carlos and Emil from Living Positive Victoria share with us about HIV migration, with many recent HIV notifications occuring amongst newly arrived migrants in Australia. They talk about access barriers to testing, treatment, and navigating services once in Australia – potentially without access to Medicare. We talk about HIV disclosure with partners, and in legal settings.

Guide summarising the relevant laws in the Commonwealth of Australia for those who desire to migrate to Australia as of 1 November 2021.