There is no longer a legal requirement in any Australian state or territory to disclose HIV positive status before sex, provided the individual takes reasonable precautions to prevent HIV transmission.

Do you legally need to tell someone if you have HIV?

If youre having protected sex theres no law saying you must tell your partners that you have HIV. Its your choice whether you tell them or not.

Can you go to jail for not telling someone you have HIV?

An unsuccessful attempt to infect, or acting with “reckless disregard,” would be a class D felony. That is punishable by a maximum of five years in prison. A person who simply failed to disclose their HIV status could be charged with a misdemeanor.

What happens if you dont disclose HIV?

In some states, you can be charged with a crime if you dont tell your partner your HIV status, even if you used a condom or another type of protection and the partner does not become infected.