Patient obligations #
In comparison to other jurisdictions, the Northern Territory does not impose a duty on patients to take ‘reasonable precautions’ to limit the risk of transmitting HIV.
Section 7 of the Notifiable Diseases Act 1981 (NT) states that a person who believes that they have, or suspects they have, a notifiable disease shall consult a medical practitioner at the first reasonable opportunity.
For the purposes of the Act, HIV has been declared a ‘notifiable disease’ requiring non-urgent notification.
A person found to fail to comply with a provision of the Act is subject to a fine of up to 8 penalty units or 6 months’ imprisonment.
Healthcare provider obligations (pre-contact tracing) #
Under s 10 of the Notifiable Diseases Act 1981 (NT), a medical practitioner who diagnoses a patient with HIV shall advise them of the nature of the disease, along with the measures needed to be taken to prevent the spread of HIV and treatment required.
If the patient is under 16 years old, the medical practitioner shall advise the parents or guardians.
If the patient is between 16 to 18 years old, the medical practitioner may also advise the parents or guardians.
A person found to fail to comply with a provision of the Act is subject to a fine of up to 8 penalty units or 6 months’ imprisonment.
Under s 9, a person who has a notifiable disease shall provide to the medical practitioner the names and addresses of all persons from whom they may have acquired the disease, as well as the names and addresses of all persons with whom they may have been in contact with during a specified time.
