South Australia is moving to bring in laws forcing people to be tested for HIV despite a report in New South Wales describing similar legislation as ineffective and unneeded.
Health organisation Thorne Harbour Health has expressed strong opposition to the South Australian Government’s proposed Criminal Law (Forensic Procedures) (Blood Testing) Amendment Bill 2024, citing concerns over its scientific validity, potential to spread disinformation, and its exacerbation of stigma toward people living with blood-borne viruses (BBVs).
The bill intends to protect frontline emergency services workers by mandating blood testing of individuals who spit at or bite them. Yet, expert bodies such as the Australasian Society for HIV, Viral Hepatitis and Sexual Health Medicine have firmly stated that mandatory testing for BBVs is not an effective or evidence-based approach to public health.
“We support policies that ensure a safe workplace for all workers, including emergency services personnel. However, this bill is not an evidence-based approach to achieving that goal. It creates unnecessary anxiety for workers and does nothing to improve public health outcomes,” said Thorne Harbour Health Vice President and Secretary of the HIV Justice Network, Paul Kidd.
“The bill, as drafted, does not consider the actual risk of transmission,” said Kidd.
Throne Harbour Health argues that Testing should only be permitted where there is risk of transmission. HIV, Hepatitis B, and Hepatitis C cannot be transmitted through saliva, meaning spitting does not pose a risk.
They also advocate that testing should only be ordered within 72 hours of alleged exposure, as this is the window in which prophylactic interventions (such as post-exposure prophylaxis, or PEP) can prevent
transmission. They say the proposed six-month time frame is ineffective and misleading.
They also highlight that emergency service workers should undergo immediate medical treatment if a risk is identified, rather than waiting for mandatory test results that may be misleading or delayed.
“People living with HIV continue to face stigma across many aspects of our lives, including in our interactions with police. It’s vital that emergency workers understand how HIV is transmitted and when they are at risk of transmission. There have been zero recorded cases of HIV transmission to an on-duty police officer in Australia,” said President of Positive Life SA, Kath Leane.
“By promoting inaccurate information about how BBVs are transmitted, this legislation does more harm than good. Not only does it put emergency workers at risk of misunderstanding real threats, but it also increases discrimination against people living with HIV,” said Leane.
Similar legislation has been passed in New South Wales and Western Australia. Last month the New South Wales Ombudsman questioned if the laws truly served the purpose they were designed for.
The NSW Ombudsman report monitoring the operation and administration of the Mandatory Disease Testing Act 2021, tabled in Parliament on 5 February, found the Act does not have “clear and measurable benefits” for workers.
The report recommends the NSW Government consider whether the Act “should be continued at all”. The report also found that the Act is mostly being used in situations where there is no risk of blood-borne transmission to a frontline worker.
Similar legislation was introduced in Western Australia by both the Barnett Liberal and McGowan Labor governments similarly against the recommendations of experts in the field of HIV. There were suggestions in 2019 that WA’s mandatory disease testing laws were being overused.
OUTinPerth recently approached both the Labor party and the Liberal party and asked if they still supported the Western Australian laws. We are waiting for a response.
