HIV advocates and health experts have renewed their call to the NSW Government to immediately repeal the Mandatory Disease Testing Act 2021, following the release of the NSW Ombudsman’s report which brings into question the health benefits of the legislation for frontline workers.

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. It 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.

ACON, Bobby Goldsmith Foundation, Positive Life NSW and the HIV/AIDS Legal Centre have always maintained that the Act is not grounded on evidence but on outdated misconceptions about how HIV and other blood-borne viruses are transmitted, which perpetuate stigma and discrimination.

The HIV organisations say that the laws do not reduce the risk of transmission. Treatments that prevent the transmission of HIV are readily available, and these treatments are prescribed by doctors who are trained in identifying potential risk.

The Ombudsman also found that the Act is disproportionately targeting Aboriginal and Torres Strait Islander people, and the protections for those subject to a Mandatory Testing Order are ineffective.

The report adds that those making decisions about applying a Mandatory Testing Order are not in a position to make determinations and suggests that resources “currently applied to the scheme would be better directed toward providing better avenues of advice and support directly to frontline workers exposed to bodily fluids in the workplace”.

ACON CEO Michael Woodhouse said:

“The Ombudsman’s report shows that mandatory disease testing offers no benefit to frontline workers. It only serves to create unnecessary fear about HIV and other blood-borne viruses.

“In the unlikely event that a frontline worker is exposed to HIV, there are simple treatments available that will prevent transmission. These are more effective strategies than mandatory testing.

“NSW does not need ineffective laws that only promotes fear and discrimination.”

HIV/AIDS Legal Centre Principal Solicitor Vikas Parwani said:

“The Mandatory Disease Testing Act should be repealed in its entirety. Invasive procedures like blood tests, when performed without consent, are a serious infringement on bodily autonomy and human rights. Unsurprisingly, the report confirms that mandatory testing orders are being used in circumstances where there is virtually no risk of HIV transmission, and often, against marginalised communities with limited access to legal recourse.

“In addition, by perpetuating outdated myths about HIV transmission and further stigmatising people living with HIV, the scheme also undermines Australia’s world leading public health response.”

Positive Life NSW CEO Jane Costello said:

“Positive Life NSW and the community of people living with HIV that we represent, welcome the NSW Ombudsman’s report and its recommendation that the Mandatory Disease Testing Act should not be continued. The Act is unscientific, relies on an outdated understanding of HIV transmission and lacks an evidence base. Mandatory disease testing and the inherent misconceptions around the ways in which HIV can be transmitted perpetuate stigma and discrimination against all people living with HIV and must cease.”

Bobby Goldsmith Foundation CEO Nick Lawson said:

“Bobby Goldsmith Foundation strongly supports the call for the immediate repeal of the Mandatory Disease Testing Act. This legislation not only lacks a foundation in contemporary scientific evidence but also disproportionately impacts Aboriginal and Torres Strait Islander communities. Alongside our sector partners, we believe it is crucial to focus on supporting the broader communities’ frontline workers so that their health and wellbeing are protected without perpetuating stigma and discrimination.

“We remain steadfast in our commitment to promoting dignity, respect and inclusion for all people living with HIV.”

ENDS

David Alexander, ACON Media and Communications

E: dalexander@acon.org.au M: 0428 477 042