Disclosing your HIV Status
A Guide to some of the legal issues.
There are very few situations where you are legally required to disclose your HIV status. These situations will be explained later in this guide, but it is best to think carefully and check
your obligations before you disclose, because once you have disclosed it is impossible to take back. Sometimes someone will try to tell you that you have a ‘duty of care’ to disclose your HIV status. There are very few situations where this is true. The guiding principle is that people should not intentionally or negligently harm others, and should warn others of real dangers or risks. Disclosure is only needed when there is no other way to avoid the danger or harm to another. Disclosure of HIV status is one of the main areas where the law affects the lives of people with HIV. If you are thinking about whether or not to disclose your HIV status; or if someone else is asking you to, then this guide will help you to understand some of the legal issues involved. This guide may also help people such as counsellors and social workers who offer support services to people with HIV. This is a guide to the laws about when you may need to disclose your HIV status in New South Wales. It includes information about your right to privacy and freedom from discrimination, and how to protect these rights.