Queensland Health released its Guideline for the management of people living with HIV whose behaviours may place others at risk of HIV in June 2022. The protocol sets out a 4-stage policy framework.
- Level 1 – comprises case management by a clinician to minimise HIV transmission. level 1 interventions should be sufficient to support behaviour modification. However, if the clinician assesses the person as being unwilling or unable to modify their risk behaviours, the clinician may seek assistance from the public health team or refer the case for consideration by the panel. At the same time, an HIV advisory panel will be advised of all cases commenced on level 1, and may provide recommendations for management.
- Level 2 – case management is undertaken by the clinician with department support, case reviews and recommendations. Upon review of the case, the panel will consider whether to continue, escalate or de-escalate the level of case management.
- Level 3 – provisions in the Public Health Act 2005 (Qld) are used. The chief executive or their delegate may apply for a behavioural order, or for an order to be extended, varied or revoked under the Act (s 126). Behavioural order conditions may require the person to attend medical or other appointments, undergo assessments and counselling, refrain from specified behaviour, refrain from visiting specified places, and be supervised and monitored.
- Level 4 – case management involves obtaining a detention order, which allows a person to be detained for up to 28 days for review or treatment (s 130).
Applications for controlled notifiable condition orders are made by the chief executive and may request an initial examination order, a behaviour order or a detention order (s 116). An order may be made in the absence of the person to whom it applies if the magistrate is satisfied that is necessary (s 117). A person who is the subject of an order or the chief executive can appeal against a magistrate’s decision on an application for making or extending a controlled notifiable condition order (s 142).
The enforcement of the Criminal Code 1899 (Qld) by the Queensland Police Service is separate and distinct from the public health case management under the guideline.
A full copy of the Queensland Health Guideline for the Management of People Living with HIV who Place Others at Risk of HIV can be found here.
