Reasonable precautions law, migration, and health policy futures – David Carter dissects burning legal issues on the Positive Futures podcast
At times, HIV disclosure is complicated legal terrain. Although all Australian states and territories differ in their approaches, most now apply a ‘reasonable precautions’ framework rather than requiring people living with HIV to disclose their status in every circumstance. And yet, uncertainties remain. How, for example, does U=U operate in relation to a ‘reasonable precautions’ model? Can PrEP use be considered a ‘reasonable precaution’ under law? What constitutes due diligence when medical and scientific understandings have advanced more rapidly than legal interpretation?
‘Recently, Health+Law research lead David Carter joined host Alex Thomsen on the Positive Futures podcast to tease out the legal state of play on these questions, among other current issues at the intersection of HIV policy, research, law, health care and community practice.
Positive Futures is produced by Red Thread Studios, a media initiative from the Tasmanian Council on AIDS, Hepatitis, and Related Diseases (TasCAHRD), which is the peak community organisation on HIV, viral hepatitis and sexually transmitted infections in Tasmania. The Red Thread blog and magazine feature a long list of sharp, informative and engaging articles on HIV, PrEP, harm reduction, mental health, LGBTQIA+ matters and more, including personal stories, events and pop culture reviews alongside health and social services information.
On the podcast series, host Alex has developed a truly vital space for thoughtful and informed conversations about issues that matter to people – in Tasmania but also well beyond. This episode on HIV and the law sits alongside a rich series of conversations with clinicians on the frontline of HIV care, leaders of community organisations supporting affected people, and social researchers working on groundbreaking studies. Together, the series presents a nuanced national picture of how policy, practice and lived experience interact in the contemporary HIV landscape, and how a huge variety of people and disciplines and experiences get stitched together in the HIV response.
In addition to reasonable precautions law and law reform, David and Alex’s discussion also touched on the current legal environment – and the ongoing need for legal advocacy around – migration for people living with HIV, and the status of mandatory testing laws in Australia. The conversation also explores the unique (and sometimes surprising) role that research plays in law reform, the role of specialist blood-borne virus legal supports, and the indispensability of strong partnerships and coalitions across people and organistions throughout the sector. Alex and the teams at Red Thread and TasCAHRD are pushing well above their weight, and we’re so grateful for their dedication to these brilliant conversations. We look forward to listening and talking more in 2026.
On the legal environment surrounding HIV disclosure and the matter of ‘reasonable precautions’ law, Health+Law also has a forthcoming article in the Monash Law Review that will become available open access in the months ahead. If you want to understand more about your rights and obligations as a person living with HIV in Australia, the HIV/AIDS Legal Centre (HALC) has HIV disclosure guides available online for New South Wales, South Australia, Queensland, and Western Australia. The disclosure guide for Victoria is currently under review and is expected to be available soon. Information relating to disclosure obligations for clinicians is available on HIV Legal.
Listen to David and Alex discuss HIV and Law on Positive Futures here.