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 HIVAIDS) and is likely to present a risk to health through the transmission of the disease which brings about that condition [See South Australian Public Health Act 2011 ss 63 and 73 and South Australian Public Health (Notifiable and Controlled Notifiable Conditions) Regulations 2012 s 4]. Otherwise, testing a person's blood without his or her consent is assault and may give rise to a claim for compensation. If someone tests positive for HIVAIDS, the doctor must inform health authorities. Both the doctor and the health authorities must keep the information confidential.

If travelling overseas, some countries require an HIV test before entering or granting permanent residency and it is advisable to check the situation with a travel agent.

An insurer may require an 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 must 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. In criminal law, s 29 of the Criminal Law Consolidation Act 1935 (SA) provides for 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 of the Act 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 have a dedicated 'HIV and Viral Hepatitis Disclosure' webpage which outlines factors to consider regarding disclosure in various situations [link opens in a new window].