Nauru

Last updated on: 31 August 2012

Criminalisation of HIV transmission/exposure

Nauru
Whether Specific law enacted: 
No
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

Criminal Code (Qld, Australia).

Key wording in the law: 

grievous bodily harm; wounding and similar acts; assaults occasioning bodily harm

Discussion: 

Criminal Code 1899 (s 317) Acts intended to cause grievous bodily harm and other malicious acts - Any person who, with intent to do grievous bodily harm or transmit a serious disease to another is guilty of a crime and is liable to imprisonment for life.

Criminal Code 1899 (s 320) Grievous bodily harm - Any person who unlawfully does grievous bodily harm to another is guilty of a crime and is liable to imprisonment for a term of up to fourteen years.

Criminal Code 1899 (s 323) Wounding and similar acts - Any person who unlawfully wounds another is guilty of a misdemeanour and liable to imprisonment for a term of up to seven years.

Criminal Code 1899 (s 339) Assaults occasioning bodily harm - Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for a term of up to seven years.

The assault offences under the Criminal Code are sufficient to provide for prosecution of an offence of wilful transmission of HIV.

There have been no prosecutions or convictions for the transmission of HIV occuring under this law so the application of the law to alleged HIV transmission is, at present, merely theoretical.

Survey respondents/Organisations working on HIV and the Law: 

Pacific Island AIDS Foundation:  http://www.pacificaids.org

Further reading: 

Colvin E (2002). Criminal responsibility under the South Pacific codes:

 

http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1017&context=law_pubs

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

The U.S. Department of State is unaware of any HIV/AIDS entry restrictions for visitors to or foreign residents of Nauru. However, the Ministry of Health of Nauru is currently considering whether to put restrictions in place. Please inquire directly with Republic of Nauru Permanent Mission to the United Nations in New York.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Punishments for male to male relationships: Imprisonment of 10 years or more

Female to Female Relationships: Legal

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org

Protective laws and policies for people living with HIV: 

Yes