Testing for Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) is only compulsory when either entering the military or, in South Australia, when the Chief Public Health Officer reasonably believes that a person has, or has been exposed to, a notifiable condition (which includes HIV/AIDS) and is likely to present a risk to health through the transmission of the disease which brings about that condition [South Australian Public Health Act 2011 (SA) ss 63 and 73; South Australian Public Health (Notifiable and Controlled Notifiable Conditions) Regulations 2025 (SA) reg 4]. Otherwise, testing a person's blood without their consent is assault and may give rise to a claim for compensation. If someone tests positive for HIV/AIDS, the doctor must inform health authorities. Both the doctor and the health authorities must keep the information confidential.

If travelling overseas, some countries require a HIV test before entering or granting permanent residency. It is best to check the requirements with a travel agent.

An insurer may require a HIV test before deciding whether to grant insurance. In this case, the test is not compulsory but the insurer may decide not to provide insurance without it.

Work health and safety laws require anyone who is exposed to HIV infected blood as part of their job to be supplied with gloves and anything else necessary to prevent infection.

Under the Disability Discrimination Act 1992 (Cth), it is unlawful to discriminate due to the presence in the body of organisms causing or capable of causing disease. This includes people who are HIV positive. Discrimination is only permitted if it is reasonably necessary to protect public health [Disability Discrimination Act 1992 (Cth) s 48].

People with AIDS or who test HIV positive may be liable in criminal and civil law if they knowingly or recklessly transmit the disease. Section 29 of the Criminal Law Consolidation Act 1935 (SA) provides severe penalties if a person is found guilty of endangering the life of another person or creating a risk of serious harm, either intentionally or by reckless indifference. Section 21 provides that the relevant definition of harm includes “infection with a disease”. If a person becomes infected, the person may instead be charged with intentionally or recklessly causing harm or serious harm (ss 23 and 24), which similarly can carry lengthy terms of imprisonment.

SA Health has a dedicated HIV and Viral Hepatitis Disclosure webpage that outlines factors to consider regarding disclosure in various situations.