In developing Australian privacy laws, the right to individual privacy has been weighed against the rights of others and against matters that benefit society as a whole. The Privacy Act 1988(Cth) provides exceptions to the right to privacy where use or disclosure is required by law.
HIV is a notifiable disease in all Australian states and territories. Legal obligations regarding notification are created primarily by state and territory law that define – among other things – a medical practitioner’s duty to notify the relevant health department of a notifiable disease (see HIV public health notification requirements). Some state and territory laws also allow a healthcare practitioner to notify their health department of a patient’s name and other confidential information where they fear that patient may by putting others at risk (see Management of People with HIV who place others at risk).
