Australia Capital Territory

Last updated on: 25 April 2012

Criminalisation of HIV transmission/exposure

Australia Capital Territory
Whether Specific law enacted: 
No
Number of people prosecuted: 
1 known (under public health law)
Number of people convicted: 
1 known (under public health law)
Applicable law: 

Prostitution Act 1992

Crimes Act 1900

Key wording in the law: 

Intentionally inflicting grievous bodily harm (s19), Causing grievous bodily harm (s25)

Discussion: 

Prostitution Act 1992 (s 25) Providing or receiving commercial sexual services if infected

A person shall not, at a brothel or elsewhere, provide or receive commercial sexual services if the person knows, or could reasonably be expected to know, that he or she is infected with a sexually transmissible infection.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Note: This section was erroneously titled ‘knowingly infecting’ at the time it was applied in 2008.

Crimes Act 1900 (s19) Intentionally inflicting grievous bodily harm

(1) A person who intentionallyinflicts grievous bodily harm on another person is guilty of an offence punishable, on conviction, by imprisonment for 15 years.

(2) However, for an aggravated offence against this section, the maximum penalty is imprisonment for 20 years.

Note Section 48A (Aggravated offences—offences against pregnant women) makes provision in relation to aggravated offences against this section.

Crimes Act 1900 (s25) Causing grievous bodily harm: A person who, by any unlawful or negligent act or omission, causes grievous bodily harm to another person is guilty of an offence punishable, on conviction, by imprisonment for 2 years.