Changes to the NSW Public Health Act 2010 mean that a person with a sexually transmissible infection (STI) or condition is no longer required by law to disclose that they have the condition prior to sexual intercourse.

Instead, the changes require someone who knows that they have a scheduled or notifiable infection or condition that is sexually transmissible to take 'reasonable precautions' against transmitting the condition to others.

At this stage, reasonable precautions to prevent the transmission of HIV may include:

  • taking a prescribed antibiotic course for bacterial STIs; or
  • use of a condom; or
  • for HIV, having an HIV viral load of less than 200 copies/mL, usually resulting from being on effective treatment; or
  • for HIV, seeking and receiving confirmation from a sexual partner that they are taking HIV pre-exposure prophylaxis (PrEP); or
  • for hepatitis B, seeking and receiving confirmation from a sexual partner that they are immune to hepatitis B (e.g. vaccinated or previously infected)

Further Information

NSW Health Statement on 2017 Changes