Category Archives: FAQs

I’m taking a lot of sick days. Do I have to tell my employer that I’m HIV positive?

Posted in Advocacy and Employment on

You do not need to disclose your HIV status to your employer. Additionally, there is no requirement that your doctor disclose your HIV status on your medical certificate for sick leave. You can ask your doctor not to specify your HIV status on your medical certificate. Note as well that you have no privacy rights in relation to information provided to your employer. Source: HIV/AIDS Legal Centre, Sydney... Read more

What are the exceptions to HIV disclosure in the workplace?

Posted in Advocacy and Employment on

Health care workers: Only those nurses, dentists and doctors who perform exposure Prone Procedures (ePPs) have to know and disclose their HIV status. EPPs include procedures performed in a confined body cavity where there is poor visibility and a risk of cutting yourself with a sharp tool, or on a tooth or sharp piece of bone. This restriction particularly affects surgeons, operating theatre nurses and dentists. ... Read more

In a private rental, do I need to disclose my HIV status to my landlord or real estate agent?

Posted in Advocacy and Housing on

No, you do not have to disclose your HIV status to your landlord, and we would advise against it. If you do disclose, it is unlawful for the landlord to treat you less favourably than another tenant on the basis of your HIV status unless you are in shared accommodation with the owner or one of his or her close relatives. Source: HIV/AIDS Legal Centre, Sydney... Read more

Do I have to disclose my HIV status if I apply for government housing?

Posted in Advocacy and Housing on

You do not have to disclose your HIV status when you apply for public housing. However, if you wish to get priority housing for medical reasons related to your HIV, then you will need to provide supporting evidence that will involve disclosure. Similarly, if you need to live near a particular medical facility, or need a property with adaptations to suit a disability that has resulted from your HIV, then you will need to... Read more

Do I have to tell Centrelink that I am HIV positive?

Posted in Advocacy and Centrelink on

You do not have to disclose your HIV status to Centrelink but there are a number of situations where it would be to your benefit to tell them. These are: if you wish to claim Disability support Pension or sickness allowance because you are unable to work due to an HIV related illness. if you are receiving Youth or Newstart allowances and want to be exempted from activity testing because you are sick with an HIV... Read more

Do I have to disclose my HIV status before undergoing a medical examination or procedure or receiving medical treatment?

Posted in Advocacy and Medical Care & Treatment on

There is no legal requirement that you disclose your HIV status before undergoing any type of medical examination or treatment. However, it may be wise to disclose since HIV medications may interact with other medications; or the progression or treatment of other conditions may be affected by HIV infection. Under such circumstances, failure to disclose may lead to serious or even fatal consequences. Your treatment for... Read more

I need a visa for the country i want to visit overseas. Do I have to disclose my HIV status?

Posted in Advocacy and Travel on

Some countries have very strict requirements for granting visas, and some do not allow HIV positive people to enter their country at all. Other countries may allow you to enter for short stays, such as on a tourist visa, but will have different requirements for longer or permanent visas. If a visa application form asks you about your HIV status, then you are legally required to disclose it. If you don’t disclose, and... Read more

Do I have to tell my employer or prospective lawyer about my HIV?

Posted in Advocacy and Employment on

No, you are not obliged to tell an employer or prospective employer that you are HIV positive unless you work in one of the jobs outlined in the exceptions section below. A prospective employer can only lawfully discriminate against employing you based on your HIV status (or the side effects of its treatment) if you are unable to perform the basic requirements of the job. There are very few jobs where this is likely to... Read more