Public Health and Wellbeing Act 2008
Crimes Act 1958
Public Health and Wellbeing Act 2008 (see discussion below)
Crimes Act 1958
(s16) Causing serious injury intentionally.
(s17) Causing serious injury recklessly.
(s19a) Intentionally causing a very serious disease.
(s22) Conduct endangering life.
(s23) Reckless conduct placing another person at risk of serious injury
Section 22 Crimes Act Prosecutions
In Nov 2012, a HIV-positive male working as a sex worker pleaded guilty to the six remaining, less serious charges including working as a sex worker while infected with HIV; operating a brothel at his home without a permit or licence for more than seven years; possessing cannabis; and unlawful assault.
A HIV-infected male prostitute took a 15-year-old boy to an adult homosexual club in Collingwood and had sex with him knowing they were being filmed, a court heard today. Read more: http://www.theage.com.au/victoria/club-filmed-male-escort-having-sex-with-boy-court-hears-20121120-29nge.html#ixzz2sQUBajg1
The Public Health and Wellbeing Act 2008 came into effect on 1 January 2010. That Act superceded the Victorian Health Act 1958, which included an offence (at section 120) of knowingly transmiting an infectious disease (including HIV). There is no comparable offence in the Public Health and Wellbeing Act.
Although not tied to specific penalties, the statement of principles applying to the management and control of infectious diseases in section 111 of the Public Health and Wellbeing Act 2008 includes the principles that:
The principles also state that:
Crimes Act 1958(s16) Causing serious injury intentionally
Crimes Act 1958(s17) Causing serious injury recklessly
Crimes Act 1958(s19a) Intentionally causing a very serious disease
Crimes Act 1958(s22) Conduct endangering life.
Crimes Act 1958(s23) Conduct endangering persons