The NSW branch of Rainbow Labor have voiced their opposition to a proposal that would see NSW adopt mandatory HIV testing for people whose bodily fluids came into contact with emergency service workers.
The plan has been put forward by the party’s NSW leader Jodi McKay but has been slammed by health organisations and groups that represent people living with HIV.
In a statement posted on social media, Cat Jane, Zack Solomon and Andre Charadia – the conveners of the LGBTIQ+ branch of the party, voiced their strong opposition to the proposal.
“We [Rainbow Labor] are writing to formally condemn your proposal to introduce a Bill to enforce mandatory blood testing of individuals whose bodily fluids come into contact with emergency services personnel, such as police officers.
“This decision further stigmatises those living with HIV, undoing the work of countless advocates over decades.
“The proposal for mandatory blood testing is based on zero evidence. Mandatory testing has been rejected by the NSW Australian Medical Association (AMA) as ineffective.
“As trade unionists we believe that no one should be made to feel unsafe at work. Many of our Rainbow Labor members work are front-line workers, particularly nurses and social workers. We understand the genuine concerns that all front-line workers have around assault. However this is a policy that will not reduce harm and will instead further stigmatise those living with HIV.
“There are already protocols for all emergency service personal and health workers to be tested for Blood Borne Viruses (BBV) following needle-stick injuries, as this is a potential route of transmission. These policies also already involve compulsory vaccinations for Hepatitis for workers whose workplaces place them at risk of direct contact with blood. We would also like to emphasise that bodily fluids such as saliva do not and have never been proven to transmit the HIV virus or any other BBV. There is a wealth of research from the 1980s onwards which dispels myths regarding potential routes of HIV transmission.
“Mandatory testing policies such as this do not the risk reduce harm and transmission of BBV and instead further stigmatise people living with HIV and is an infringement on human rights.
“At a time where our Federal Party has opposed drug-testing of welfare recipients on the grounds that such policies stigmatise vulnerable members of our communities we believe that a proposed bill such as this is out of step with our own party’s values.
“We also note that neither leading NSW HIV prevention organisation ACON nor Hepatitis NSW were consulted regarding changes to this legislation. We believe that this is unacceptable as genuine consultation with key stakeholders and experts in the field should be a core feature of any good policy-making.
“The Australian Labor Party have long been leaders in the field of HIV prevention and protecting the rights of people living with HIV from discrimination. This will be a giant step backwards.
“We are also dismayed by the misleading nature of data used to justify this proposal. Evidence should determine policy, not fear.
“We urge you to reconsider this policy and to consult with ACON, Hepatitis NSW and the AMA NSW.”
ACON CEO Nicholas Parkhill says the proposal is not based on scientific evidence and will lead to increase mis-information and stigma about HIV.
“Punitive laws based on outdated misconceptions and myths about how HIV and other BBVs are transmitted, and which perpetuate stigma and discrimination, do not need to be introduced during a time when HIV notifications are at historic lows in NSW, when HIV is a treatable and manageable condition, and when inroads are being made into ending HIV stigma.
“NSW Labor’s proposal has no basis in medical evidence. Further, BBVs have a varied and at times extended window period for the detection of a transmission and as such, testing the source of exposure is not an effective method for gaining ‘peace of mind’ of one’s own test results.”
Similar laws has been introduced in other states, including Western Australia, where similar objections were raised.
A recent report compiled by the National Association of People Living with HIV/AIDS released in September 2019, The System Is Broken, highlights the complexity of introducing mandatory testing laws and the discrepancies between these laws in Australian jurisdictions.
The report highlights that advances in prevention and treatment of HIV mean that transmission of the virus is extremely unlikely, noting that there have been no occupational transmissions in Australia for 17 years.
The report also mentions that the implementation of such laws does not reduce the risk of transmission or affect the treatment pathway for individuals who may be exposed to HIV, and that in some cases, decisions relating to transmission risk are made by non-experts.
When similar laws were introduced in Western Australia politicians said they would rarely be used, but information obtained via freedom of information requests had shown that people were being forced to give blood samples under the legislation around 100 times per year.
Since WA’s laws were changed in 2015 387 applications have been made and 377 of those applications have been approved.
Health experts have described the system as being incredibly ineffective, and are not working in conjunction with other health policies. Concern has also been raised that the policy increases stigma around living with HIV.
Edwin Bernard, the global head of HIV Justice Network, spoke to OUTinPerth on a recent visit to Australia and said that politicians needed to change their focus.
‘We have the tools to end the epidemic, the science is there. The barrier is stigma, discrimination and criminalisation.” Bernard said.
“It’s really about political will, we want political leaders to actually first of all understand the science and not ignore it, and understand that in order to really reach these targets and get to the end of AIDS you’ve got to remove the laws, and you’ve got to also work on the stigma and discrimination.
“Don’t waste money on mandatory testing and keeping people in prison, on pushing people down. You need to invest in communities and invest in access to treatment, in access to testing and access to PrEP.” Bernard said.
In 2018 some of the world’s leading researchers in HIV signed a joint statement condemning laws that criminalise HIV, including those which suggest that HIV can be passed on via saliva.
Graeme Watson
