Criminal Code Act
In 1997, charges of “doing a dangerous act” against a HIV-positive person were dismissed.
Criminal Code(s177) Acts intended to cause serious harm or prevent apprehension
Any person who, with intent to disfigure or disable any person, or to cause serious harm to any person, or to resist or prevent the lawful arrest or detention of any person -
is guilty of a crime and is liable to imprisonment for life.
Criminal Code(s181) Serious harm
Any person who unlawfully causes serious harm to another is guilty of a crime and is liable to imprisonment for 14 years.
It is possible that the criminal laws described above could be used to prosecute a HIV-positive person for HIV transmission. One prosecution was commenced, but it did not result in a conviction.
There are no public health laws dealing with HIV transmission or disclosure of HIV status in the Northern Territory.