Fundamental to Australia’s success in responding to HIV has been the creation of a supportive legal framework, commonly referred to as an ‘enabling legal environment’.
The construction of a supportive legal and policy framework protects people with HIV and key populations against
Fundamental to Australia’s success in responding to HIV has been the creation of a supportive legal framework, commonly referred to as an ‘enabling legal environment’.
The construction of a supportive legal and policy framework protects people with HIV and key populations against human rights abuses and discrimination. The result is that HIV prevention, care and support strategies targeting each community are more likely to be effective.
The central role of people with HIV and people affected by HIV in building the ‘enabling’ environment has been key to Australia’s approach in responding to HIV. Community-led policy analysis and law reform advocacy has ensured the maintenance of a human rights framework that generally supports prevention strategies.
Public health policy
HIV is a notifiable disease in all Australian jurisdictions, meaning that medical practitioners must notify health authorities when an HIV diagnosis is made.
HIV is a notifiable disease in all states and territories, providing a mechanism for doctors to mandatorily report de-identified HIV diagnoses. Medical records remain confidential, and laboratories and state, territory and national databases (maintained by Departments of Health and the Kirby Institute) are given coded information regarding each HIV diagnosis and related data (such as age, location, mode of transmission).
Public health legislation in each state allows health authorities to manage people with HIVwho are at risk of transmitting HIV to others. This management typically involves a series of interventions, beginning with counselling and escalating to imposition of a public health order and even