Australia South Australia

Last updated on: 25 April 2012

Criminalisation of HIV transmission/exposure

South Australia
Whether Specific law enacted: 
No
Number of people prosecuted: 
5
Number of people convicted: 
4
Applicable law: 

Public and Environmental Health Act 1987

Criminal Law Consolidation Act 1935

Key wording in the law: 

endangering life, serious harm

Key Cases: 

There have been five prosecutions with four convictions (one pending).

Discussion: 

Public and Environmental Health Act 1987 (s.37) Person infected with disease must prevent transmission to others

(1) A person infected with a controlled notifiable disease shall take all reasonable measures to prevent transmission of the disease to others.

Penalty: Division 3 fine ($30 000).

Criminal Law Consolidation Act 1935 (s29) Acts endangering life or creating risk of serious harm

(1) Where a person, without lawful excuse, does an act or makes an omission—

  1. knowing that the act or omission is likely to endanger the life of another; and
  2. intending to endanger the life of another or being recklessly indifferent as to whether the life of another is endangered,

that person is guilty of an offence.

Maximum penalty: for a basic offence—imprisonment for 15 years; for an aggravated offence—imprisonment for 18 years.