Testing for Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) is only compulsory when either entering the military or when the South Australian Health Commission reasonably believes that a person is suffering from a notifiable disease (which includes HIV\AIDS) [Public and Environmental Health Act 1987 ss 31, 34]. Otherwise, testing a person's blood without his or her consent is assault and may give rise to a claim for compensation.
If someone tests positive for HIV\AIDS, the doctor must inform health authorities. Both the doctor and the health authorities must keep the information confidential.
If travelling overseas, some countries require an HIV test before entering or granting permanent residency and it is advisable to check the situation with a travel agent.
An insurer may require an HIV test before deciding whether to grant insurance. In this case, the test is not compulsory but the insurer may decide not to provide insurance without it.
Occupational health and safety laws require anyone who is exposed to HIV infected blood as part of their job must be supplied with gloves and anything else necessary to prevent infection. People with AIDS or who test HIV positive are legally obliged not to pass on the disease. This includes not sharing a needle or donating blood or body organs. Where a person knowingly endangers the life of another person with infection from HIV, a claim for damages most likely may be made.
Under the Disability Discrimination Act 1992 (Cth), it is unlawful to discriminate due to the presence in the body of organisms causing or capable of causing disease. This includes people who are HIV positive. The Act permits discrimination only if it is reasonably necessary to protect public health [Disability Discrimination Act 1992 - SECT 48 Infectious diseases].