Voluntary confidential testing is the standard form of service delivery for HIV testing.
Circumstances that deviate from the standard of voluntary confidential testing must be authorised by law. Some situations exist where an HIV test is required as a condition of employment, accessing a service or engaging in a specified activity.
- These situations currently include:
- blood, tissue and organ donation
- obtaining specified visas (for further information about HIV testing and migration see the HIV/AIDS Legal Centre’s Positive Migration Guide)
- entering training or service in the armed forces
- purchasing some types of insurance
- in the context of a forensic or coronial setting
- if bodily fluid makes contact with a police officer or health or emergency services worker (in some jurisdictions)
- in the rare circumstance of a person’s behaviour amounting to a public health risk under public health law, and a valid legal order has been made by an authorised person (see Management of people with HIV who place others at risk for the requirements for an valid order under public health law)
Practitioners are advised to exercise caution and to seek appropriate advice if asked to participate in testing practices that deviate from the standard practice of voluntary confidential testing.
