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HIV public health notifications requirements

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Contact tracing

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Duty of care to third parties

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  • Duty of care to a sexual partner who is not a patient of the clinic: the case of BT v Oei
  • Duty of care to a sexual partner who is not a patient of the clinic: the Bondi case
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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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Post-Exposure Prophylaxis (PEP)

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Safe behaviours and disclosure

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Revisions and Updates

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SA Specific

Generally, the notifying medical practitioner can either initiate contact tracing and report progress to the Adelaide Sexual Health Centre, or refer the patient to the Adelaide Sexual Health Centre for them to perform contact tracing. In the latter case, the Adelaide Sexual Health Centre confirms patient details with the notifying medical practitioner. Contact tracing must occur with the cooperation of the patient, unless the chief public health officer deems urgent action is required.

There are no specific contact tracing provisions under South Australian law, however the chief public health officer has general powers to deem that urgent action is required in the particular circumstances in the interests of public health. The chief public health officer must, under the South Australian Public Health Act 2011 (SA), have reasonable grounds to believe that a person has HIV or has, or could be exposed to HIV, and can then request that a person ‘provide such information as may be reasonably required in the circumstances’.  The chief public health officer must consider the availability, reasonableness and necessity of counselling in each circumstance when making a decision. Under s 81, the individual can be liable for a $25,000 fine if they do not comply, unless they have a reasonable excuse (undefined).

Updated on 8 November 2024

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