Public Health Act 1997 (ACT) #
Section 110 of the Public Health Act 1997 (ACT) states that a person must not, without good reason, disclose notified information in such a manner that the person who has, or may have, HIV is reasonably able to be identified, unless the person consents in writing, or the disclosure is for the purposes of the Act or another law, or authorised under a code of practice. The penalty for a breach of s 110 is 50 penalty units, imprisonment for 6 months, or both.
Section 111 states a person commits an offence if they intentionally disclose notified information regarding a person with HIV, and are reckless about whether that information may reasonably identify any medical practitioner, nurse, pathologist or responsible person who made the notification or the pathology laboratory or hospital related to the HIV notification, without written consent of those persons/agencies or a there is a ‘reasonable excuse’ (not defined). The penalty for unlawful disclosure under ss 110 or 111 is a fine, imprisonment for 6 months, or both.