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HIV public health notifications requirements

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Management of people with HIV who place others at risk

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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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Revisions and Updates

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WA Specific

The 2022 Guidelines for Managing HIV Transmission Risk Behaviours in Western Australia set out a 4-stage integrated case management program (ICMP). The Guidelines are subordinate to the Public Health Act 2016 (WA). At the stage 1 under the 4-level ICMP, an individual is provided with counselling, education and support from the ICMP team. If it is clear that no modification of behaviour has taken place, the person is referred to the case management advisory panel, which, following review of the case, can make a number of recommendations regarding management of the person (stage 2). One of those recommendations is for the chief health officer (CHO) to issue a formal letter to the client warning them to discontinue any activity that places another person at risk of HIV. Under stage 3, the CHO must issue a public health order or a test order where the relevant requirements of the Public Health Act 2016 (WA) are satisfied. At stage 4, the CHO may make a public health order to confine a person in the interests of public health.

Other provisions under s 117 allow the CHO to order an individual to:

  • refrain from specified conduct
  • undergo counselling by one or more specified persons
  • refrain from visiting specified places
  • submit to specified supervision
  • undergo a specified medical examination or treatment, at a specified time and place
  • be detained at a specified place for the purpose of undergoing a medical examination or treatment
  • be detained and/or isolated at a specified place while the order is in force.
Updated on 8 November 2024

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