In the Australian Capital Territory, the mechanism for managing people at risk of passing HIV to others can be found in the Canberra Health Services Guidelines: Management of People with Human Immunodeficiency Virus (HIV) Who Place Others at Risk and the Public Health Act 1997 (ACT). These guidelines are available to relevant Canberra Health Services staff. They set out the tiered approach adopted by the National Guidelines for Managing HIV Transmission Risk Behaviours 2018.
Under the Public Health Act 1997 (ACT), the chief health officer (CHO) is empowered to issue public health directions to any person to prevent or alleviate a significant public health hazard (s 113). This power may be exercised where there are reasonable grounds for believing that a person is transmitting, or placing others at risk of, HIV. Any or all of the following directions may be issued to a person under s 113(1):
- to refrain from behaviour or an activity that significantly contributes to, or could contribute to, the public health hazard
- to cease performing work of a particular kind, or cease working in a particular place, while such work contributes to, or could significantly contribute to, the public health hazard.
- to undergo a medical examination
- to undergo specified counselling (in the case of either a person with HIV or a contact of a person with HIV).
- to be confined to a particular place for a specified period, being the least restrictive confinement appropriate to the person’s medical condition
- to not enter, or remain in a particular place for a specified time
- to cease using a particular piece of equipment
- to clean and decontaminate a particular place
- to undertake, or refrain from undertaking, any other action, where the chief health officer has reasonable grounds for believing the requirement to be necessary for the purposes of preventing or alleviating the hazard.
The CHO must take the minimum action necessary to prevent or alleviate the public health hazard.
Enforcement of public health directions may be made by order of the ACT Magistrates Court.
