Disclosure & Confidentiality
Disclosure by service providers
Service providers are required to maintain confidentiality about a person’s HIV status. This applies to all service providers, including health workers and lawyers amongst others. Failure to do so may amount to a criminal offence.
There are exceptions to this requirement. A person’s HIV status may be disclosed in certain circumstances, including:
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With the individual’s consent;
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In connection with the administration of the Public Health Act or another Act;
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Under a court order;
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To someone involved in providing care, treatment or counselling to the person, if the information is required in connection with providing it; and
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To the Director-General of the Health Department in cases where failure to do so may amount to a possible public health risk.
If you feel that your service provider has breached their duty of confidentiality, please seek legal advice as to your options.
Voluntary disclosure
There is generally no legal obligation to disclose your HIV status to your employer, co-workers, health care workers or any other person. You are only required to disclose your status in certain circumstances, including to prospective sexual partners and when applying for some forms of insurance or superannuation. For more information on when you are required to disclose your HIV status, please contact HALC.
If you wish to disclose your HIV status to your family, friends or colleagues, it is important to know that there is not much that can be done if they then disclose your status to a third party. People with HIV should be mindful of this when deciding if to disclose their status, as well as to whom they choose to disclose their status.
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