STIs and the laws in Australia – Do you legally have to tell someone you have an STI in Australia?

January 28, 2021

If you suspect you have a sexually transmitted infection (STI), or you’ve recently had an STI test and received a positive result, you might be wondering what to do next and what the requirements are around telling other people. You might also be wondering whether your previous, current and/or prospective partners are legally required to tell you if they have an STI.

In Australia, each state has its own Public Health Act and people are required to abide by legislation specific to the state in which they and/or their sexual partner reside. This can be potentially confusing for people when trying to determine an individual’s responsibilities with regard to disclosing their STI health status.

STI disclosure laws in Australia

Relatively recent amendments to some of these state-based laws have removed the legal requirement for people with certain STIs to disclose their STI status to prospective partners. This does not, however, mean that there are no longer any legal responsibilities associated with STI transmission within the community.

Essentially, each state’s public health act considers STIs to be “notifiable conditions” (i.e., transmissible diseases or conditions that pose a threat to public health), meaning that everyone is responsible for protecting themselves and others from exposure to STIs, by taking reasonable precautions to limit the possibility of transmission within the community.

Generally speaking, the states’ public health acts stipulate that you have a responsibility under the law not to recklessly put someone else at risk of contracting a notifiable condition. In most states, if you ignore that responsibility and breach those sections of the respective acts, you may face a fine and/or gaol term.

Furthermore, if it can be established, under the relevant state’s criminal code, that you intentionally or deliberately transmitted a notifiable condition, you risk criminal prosecution and may be sentenced to a significant prison term.

What are “reasonable precautions”?

With respect to sexual activity, the reasonable precautions people are expected to take include always practicing safe sex (i.e., using water-based lubricant and barrier protection such as a male or female condom and/or dental dam) when having vaginal, anal, or oral sex, and being regularly tested for STIs.

When should you get an STI test?

When should you get an STI test?

If you suspect that you may have come into contact with, or that you currently have, an STI the first thing you need to do is arrange an STI test.

An STI test is the only way for you to be sure about whether you have an STI or not – this is because there are some bacterial infections whose signs and symptoms closely mimic those of STIs. Likewise, if you’ve noticed any signs or symptoms affecting your genital area, and you’re not in an exclusive relationship with your sexual partner, you are safest not to assume your symptoms aren’t related to an STI.

Stigma Health can help you easily and discretely get a full STI screen, so you know exactly what you’re dealing with. Contact us today for more information, or to arrange a referral to get tested.

What do you need to do if you have an STI?

If the results of your STI test show that you have an STI, there are some steps you need to take to address your sexual health needs and protect the health and safety of your previous, current, and future sexual partners.

Organise a follow-up appointment with a healthcare professional.

Organise a follow-up appointment with a healthcare professional.

We understand that it may be difficult and uncomfortable for you to discuss your sexual health with your GP or other healthcare professional, however – regardless of whether you have received a positive result on an STI test, or your STI test is negative but you are still experiencing genital symptoms – it’s important for you to arrange a follow-up appointment with a healthcare professional and seek treatment as soon as possible.

Advise your current and previous sexual partner:s.

Advise your current and previous sexual partner/s.

It is imperative that you talk to your current and previous sexual partners and advise them of their possible exposure to an STI. Again, we know this can be a difficult conversation to have, but there are services and resources that can make this process much easier. If you need advice or assistance with letting past or present partners know – either personally or anonymously – consider using a service such as Let Them Know, The Drama Downunder or Better to Know. Head on over to our Resources page for more information.

Do not have intimate or sexual contact with anyone until you have completed treatment.

Do not have intimate or sexual contact with anyone until you have completed treatment.

If your STI test results have shown that you have a curable STI, your healthcare professional will likely have prescribed you antibiotics to clear the infection. You must not have sex with anyone until you have completed your treatment and received a negative result on a second STI test.

If your STI test results have shown that you have an incurable STI, your healthcare professional will advise you on the most suitable treatment for your infection. You must not have sex with anyone until you have been thoroughly educated on your STI and the treatments available to you, and your doctor has provided you with information on how to best protect yourself and your partner/s from further infection.

Always use protection and practice safe sex.

Always use protection and practice safe sex.

The best way to be absolutely safe and protect yourself from STIs is to completely abstain from sex – but that’s not exactly practical (or fun!). The next best method of practising safe sex is to only engage in mutual masturbation – but make sure to practice good hand hygiene before and afterwards, and always use barrier protection (male or female condoms and dental dams) and a water-based lubricant. If you choose to continue to engage in intimate skin-to-skin or sexual contact with another person, always use barrier protection (as above) and water-based lube when having anal, vaginal, and oral sex. You might want to consider limiting your number of sexual partners too.

Get regular STI tests!

If you have tested positive for an STI, it may mean you are more susceptible to re-infection – particularly if your sexual partner hasn’t been tested or received treatment as well – so you need to have a follow up STI test after you’ve completed your treatment, and your sexual partner/s should get tested and treated too.

Additionally, where an STI has been left untreated for a prolonged period, you may be more susceptible to developing other infections (such as pelvic inflammatory disease). Having regular STI tests will mean that any STIs will be picked up earlier, which reduces your risk of developing further infection and future complications.

Contact Stigma Health today for more information on STI testings or to arrange an STI test

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Is Stigma Health legal?

Absolutely. The process may seem new and different to how you usually go about medical tests, but we are in full compliance with Australian law and Medical Board of Australia Guidelines for Technology-based Patient Consultations.

Why Should I get tested with Stigma Health instead of going to my GP?

Convenience, pure and simple. If you want to skip the trip to the GP, then the Pathology Centre then the one back to your GP for the results then we’re your solution!
If you get tested with us we deliver your Pathology Referral online and you only have to make the one trip to the Pathology Centre and that’s it, your results are delivered to you safely, securely and privately directly to your mobile phone.
Not to mention we’re saving you the awkward conversation!

Can I get an STI Test through Stigma Health?

You can currently undergo a convenient and private STI test through us if you are in Australia and are over 16 years of age. Fit the criteria? Let’s get started.
If you are under 16 then we, unfortunately, cannot provide you with a Pathology Referral to get an STI test. We urge you to visit a doctor to arrange a test ASAP. Alternately you can visit an STI clinic or hospital clinic to get an STI test. If you want to talk to someone prior to doing so you will find the details for several Sexual Health info lines operating across Australia in our Resources section.

Who is Stigma Health?

We are an online healthcare service that aims to make your life more convenient by eliminating the barriers like embarrassment and inconvenience, which often prevent people from undergoing simple medical tests. We started with STIs because they are a serious problem in Australia and are for the most part easily tested for and treated, but we will be expanding our service offering soon so stay tuned!