New South Wales has enacted legislation which has created
an offence of causing a grievous bodily disease. This offence
was created in 1990, the relevant Section is Section 36 of the
Crimes Act 1901.
Causing a Grievous Bodily Disease
A person:
- who maliciously by any means causes another person to
contract a grievous bodily disease; or
- who attempts maliciously by any means to cause another
person to contract a grievous bodily disease,
with the intent of any such case of causing the other
person to contract a grievous bodily disease, is liable to
penal servitude of twenty five (25) years.
Therefore in effect a person who, maliciously by any means,
intentionally causes or attempts to cause another person to
contract a grievous bodily disease is guilty of an offence and
is liable to a maximum term of twenty five (25) years in
jail.
Although criminal penalties have been used in certain
instances, the majority of cases where a person is putting
another at risk are dealt with within the context of public
health practice.
In NSW the following guidelines have been adopted.
Guidelines on the management of people with HIV/AIDS who
knowingly place other at risk, AIDS Bureau, Department of
Health, NSW 1990.
Broadly speaking these staged approaches increasingly place
restrictions on an infected persons liberty:
Stage 1:
Counselling, education and support;
Stage 2:
A request for formal involvement by the public health
agency, the establishment of a case management panel with
interventions that include peer support, medical and
psychological assistance, housing and financial support,
therapy that reduces the risk of behaviour such as methadone,
and a warning indicating that person's legal responsibilities
to not place others at risk;
Stage 3:
An application of formal public health sanctions such as a
restriction of a person's movement or activities and, if
necessary, an order requiring the person to attend for a
health review or counselling; and
Stage 4:
Application of detention and/or isolation orders in an
appropriate facility.
