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Testing

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Informed consent for HIV testing

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Antenatal testing

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Mandatory testing for HIV

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HIV public health notifications requirements

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Duty of care to third parties

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Management of people with HIV who place others at risk

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  • Management of people with HIV who place others at risk
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Public health offences – reasonable precautions and duty to warn

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Privacy and confidentiality

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Low and undetectable viral load

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Safe behaviours and disclosure

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Revisions and Updates

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  • NSW Specific

NSW Specific

The 2019 Management of people with HIV infection who risk infecting others NSW Health policy directive (NSW Guidelines) provides for 3 different levels of management:

Local management, which includes:

  • initial steps – counselling, education and support
  • case conferencing
  • contact tracing or partner notification
  • seeking advice from the Chair

Level 1: Supported management, which includes:

  • letter of warning
  • the ongoing assessment by the panel for management of people with HIV who risk infecting others
  • discharge from supported management

Level 2: Public health order, which may include orders to:

  • refrain from specified conduct
  • undergo specified treatment (including anti-retroviral therapies (ARTs))
  • undergo counselling by one or more specified persons, or by one or more persons belonging to a specified class of persons
  • submit to the supervision of one or more specified persons or of one or more persons belonging to a specified class of persons
  • undergo specified treatment at a specified place

The NSW Guidelines state that the making of a public health order should only be considered when such an order is judged the most effective way to prevent risk to public health, and where all other management options have been unsuccessful. An authorised medical practitioner is required to take into account the principle that any requirement restricting the liberty of a person should be imposed only if it is the only effective way to ensure that the health of the public is not endangered, or likely to be endangered. Concerns or evidence of a person’s breach of their public health order should be referred to the ministry for consideration and appropriate action.

Updated on 8 November 2024

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