Victorian Consolidated Legislation

Health Act 1958 - SECT 127

Information to be given to a person requesting a test for HIV

127. Information to be given to a person requesting a test for HIV





(1) A registered medical practitioner must not carry out or authorise the
carrying out of a test for HIV on a person who requests it of him or her
unless the registered medical practitioner has given or is satisfied that a
person of a prescribed class has given information about the medical and
social consequences of being tested and of the possible results of the test to
the person who requests it.

(1A) Subsection (1) does not apply to the authorising or carrying out of a
test for HIV by a pathologist if the pathologist authorises or carries out the
test on the authority of another registered medical practitioner.

(2) If a person has requested a test for HIV and the results of the test are
positive-

   (a)  the person must not be advised of the results of the test except by
        and in the presence of a registered medical practitioner or person of
        a prescribed class; and

   (b)  the registered medical practitioner or person of a prescribed class
        must, at the same time as he or she advises that person of the results
        of the test, give the person information about the medical and social
        consequences of being infected with the virus and guidelines on ways
        to prevent the transmission of the virus to others.

Penalty: 10 penalty units.