DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

REGULATIONS UNDER THE COMPULSORY HIV TESTING OF ALLEGED SEXUAL OFFENDERS ACT, 2003 (ACT NO ... OF 2003)


The Minister for Justice and Constitutional Development has under section 12 of the Compulsory HIV Testing of Alleged Sexual Offenders Act, 2003 (Act No ... of 2003), made the regulations in the Schedule

Definitions

1. In these Regulations any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates -

"the Act" means the Compulsory HIV Testing of Alleged Sexual Offenders Act, 2003 (Act No. ... of 2003).

Notice to victim

2. The notice contemplated in section 2 of the Act shall contain the information provided for in Form 1 of the Annexure.

Manner of application

3. A victim of an alleged sexual offence or a person acting on his or her or behalf in terms of section 3 of the Act applies for an order contemplated in section 3 of the Act in the form of Form 2 of the Annexure.

Magistrate's order

4. The order contemplated in section 4(3) of the Act shall be made in the form of Form 3 of the Annexure.

Register of applications and orders

5. The register contemplated in section 7 of the Act shall contain the following information regarding an application contemplated in section 3 of the Act:

(a) The application number;

(b) the date of the application;

(c) the case number or South African Police Service reference number;

(d) the full names of the victim or the person acting on his or her behalf in terms of section 3(1)(a) of the Act;

(e) the full names of the alleged offender;

(f) whether the application was granted or dismissed as contemplated in section 4 of the Act; and

(g) the full names of the magistrate hearing the application.

Notice to arrested person of outcome of application

6. The notice contemplated in section 4 (5) (b) shall be in the form of Form 4 of the Annexure.

Recording of HIV test result

7. The person performing an HIV test on a body specimen of the alleged offender contemplated in section 5(2) (d) (1) of the Act shall record the result of the HIV test in the form of Form 5 of the Annexure.

Notice to victim and alleged offender following compulsory HIV testing

8. The notice contemplated in section 5(2) (e) (ii) of the Act shall contain the information provided for in Form 6 of the Annexure.

Short title

9. These regulations are called the Regulations for Compulsory HIV Testing of Alleged Sexual Offenders.

4 ANNEXURE: FORM 1

[Regulation 2]

NOTICE OF AVAILABILITY OF PROCESS FOR THE COMPULSORY HIV TESTING OF ALLEGED SEXUAL OFFENDERS AS CONTEMPLATED IN SECTION 2(a) OF THE COMPULSORY HIV TESTING OF ALLEGED SEXUAL OFFENDERS ACT, 2003 (ACT No. ... OF 2003)

(To be handed to a victim of an alleged sexual offence or any person acting on his or her behalf) This information sheet will provide you with information, and give you details on how the South African Police Service (SAPS) will assist with obtaining information on the HIV status of the person who allegedly committed the offence against you.

What is HIV?

HIV refers to infection with the human immuno-deficiency virus. HIV destroys important cells which control and support the immune system. As a result the body's natural defence mechanisms cannot offer any resistance against illnesses. Most people infected with HIV ultimately develop AIDS and die as their bodies can no longer offer any resistance to illnesses such as TB, pneumonia and meningitis. Infection with HIV therefore has serious consequences for you as an individual.

How is HIV transmitted?

HIV is transmitted in three ways: via sexual intercourse; when HIV infected blood is passed directly into the body; and from mother to child during pregnancy, childbirth or whilst breast feeding.
Can I be exposed to HIV during a sexual offence?

Yes you can if you have had any contact with the alleged offender's blood, semen or vaginal fluid. For example, if you have been raped vaginally or anally and the alleged offender's semen entered your body you may have been exposed to HIV.

Can I put other people at risk of HIV infection because of my possible exposure to HIV?

You cannot transmit HIV through daily contact with other people. HIV is not transmitted through hugging, shaking hands, and sharing food, water or utensils. However, because HIV is transmitted through sexual intercourse, you may have become infected through the alleged sexual offence and may in turn infect your sexual partner. You should practice safe sex until you have established with certainty that you have not been infected. If you are pregnant, there is a possibility that you could transmit HIV to your unborn child. If you are breast feeding there is also a possibility that your child may be at risk of contracting HIV infection. You must obtain expert advice to deal with the implications of the risk of infection for yourself, your sexual partner and others.

How could I deal with my possible exposure to HIV during the alleged sexual offence?

You can –

 

·         consult a health care worker for more information on the risk of HIV transmission, and the possibility of taking medication to prevent transmission of HIV;

 

·         consult a counsellor at one of the service organisations listed below for counselling and support;

 

·         apply to have the alleged offender tested for HIV, and the results disclosed to you.


Why should I apply to have the alleged offender tested for HIV?

Knowing the HIV status of the alleged offender may-

 

·         give you peace of mind as you will be in a better position to determine whether you were exposed to HIV during the alleged offence;

 

·         enable you to make decisions on whether to take medication to prevent HIV transmission; and

 

·         empower you to make decisions regarding the protection of your sexual partner and others against HIV infection.


How can I apply for compulsory' HIV testing of the person who allegedly committed a sexual offence against me?

 

·         Lay a charge at the police station nearest to where the offence took place.

 

·         Inform the investigating officer that you wish to apply for compulsory HIV testing

·         of the alleged offender.

 

·         Complete an application for an order for compulsory HIV testing with the assistance of the investigating officer.

 

·         Hand the completed and signed application to the investigating officer.


Who will consider my application?

The Investigating Officer will submit your completed application to a Magistrate who will consider the application during court hours. The investigating officer will inform you of the outcome of your application.

What will happen once the Magistrate has ordered that the alleged offender must be tested for HIV?

The investigating officer will ensure that two body specimens are on the same occasion taken from the alleged offender and tested for HIV.

Who will pay for the HIV testing?

The state.

How will I be informed about the HIV test result?

The investigating officer will as soon as possible ensure that you receive a sealed envelope containing the HIV test result, and information on where you can get help with understanding the implications of the result.

May I disclose the alleged offender's HIV test result to other people?

You may not disclose this information except to those who need to know. This will include such persons as your sexual partner, your medical doctor, or those persons who provide emotional support to you. You should discuss the disclosure of the test results with the service organisation providing you with counselling and support before making any disclosures. If you maliciously disclose the arrested person's HIV status, you may be convicted of an offence and sentenced to a fine or to imprisonment for a period not exceeding six months or both. You may also face a civil claim for damages.

Cut-off period for bringing an application

A limited period of time is allowed for compulsory HIV testing of an alleged offender. You must apply for such testing before 50 calendar days have lapsed from the date on which the alleged offence took place. The alleged offender must be tested for HIV and the results must be disclosed to you before 60 calendar days have lapsed from the date on which the alleged offence took place. It is therefore advised that if you decide to apply for having the alleged offender tested for HIV, you do it as soon as possible after the alleged offence.

Service organisations which can provide counselling and support

Expert assistance in dealing with the implications of HIV test results is available at a number of different private and public facilities. These include:

 

·         Private medical and social facilities (eg a general medical practitioner or psychologist).

 

·         Public medical and social facilities, including -

 

        Life Line

 

        Child Line

 

        Rape Crisis

 

        FAMSA

 

·         The National Council for Child Welfare

 

        Regional Departments of Social Welfare

 

        Local State Hospitals and Clinics

 

        Local ATTICS

 

        Local AIDS Service Organisations


Contact details of the above public facilities are available in the telephone directory, or from the Investigating Officer.

Misuse and abuse of this procedure

The procedure to establish an alleged offender's HIV status without obtaining his or her consent for HIV testing has been created strictly for the purpose of assisting victims of sexual offences. If you have not been the victim of a sexual offence, or act on behalf of someone who has not been the victim of a sexual offence, and abuse this procedure to establish another person's HIV status with malicious intent, you may be prosecuted and convicted of an offence and sentenced to a fine or to imprisonment for a period not exceeding six months or both. You may also face a civil claim for damages.

CIRCUMSTANCES UNDER WHICH AN APPLICATION FOR COMPULSORY HIV TESTING MAY BE BROUGHT ON BEHALF OF A VICTIM

Any person who has a material interest in the well-being of a victim of an alleged sexual offence (eg a spouse or other family member, friend, counsellor, health service provider, social worker or teacher) may apply for compulsory testing on his or her behalf, provided that the victim has given written consent.

Written consent is not necessary if the victim is -

 

·         under the age of 14;

 

·         mentally ill;

 

·         unconscious;

 

·         a person in respect of whom a curator has been appointed by an order of court; or

 

·         a person whom the court is satisfied is unable to provide consent.



FORM 2

[REGULATION 3]

APPLICATION TO A MAGISTRATE IN TERMS OF SECTION 3 OF THE COMPULSORY HIV TESTING OF ALLEGED SEXUAL OFFENDERS ACT, 2003 (ACT No. ... OF 2003)

PART A: VICTIM'S DECLARATION

(1) PARTICULARS OF VICTIM
(To be completed by the victim or the person acting on his or her behalf," or by the investigating officer)

Name:

.......................................................................................................................................

...................................

ID                No/Date              of          birth/Passport           No:

 

.............................................................................................................................

Home/Temporary                                                                Address:

 

.....................................................................................................................................

Telephone                                                                                 No:

 

.....................................................................................................................................

.....................

(2) PARTICULARS OF PERSON ACTING ON BEHALF OF VICTIM (IF APPLICABLE)

(To be completed by the person acting on behalf of the victim; or by the investigating officer)

Name:

.....................................................................................................................................

 

...................................

ID                No/Date                    of                 birth/Passport                 No:

 

...........................................................................................................................

Home/Temporary                                                                             Address:

.....................................................................................................................................

Telephone                                                                                 No:

.....................................................................................................................................

.....................

Nature of relationship with victim (eg parent):

.....................................................................................................

Reason why application is made on behalf of victim:

.........................................................................................

Written consent of victim has been obtained and is attached: YES/NO

Written consent is not necessary since the victim is: (Delete if not applicable)

 

·         Under the age of 14 years

 

·         Mentally ill

 

·         Unconscious

 

·         A person in respect of whom a curator has been appointed by the court

 

·         Unable to provide consent because:

................................................................................................

.....................................................................................................................

..........................................


(3) PARTICULARS OF ALLEGED SEXUAL OFFENCE AND POSSIBLE EXPOSURE TO ASSAILANT'S BODY FLUIDS (To be completed by the victim or the person acting on his or her behalf,. or by the investigating officer)

Date and place of alleged offence:

.........................................................................................................................

Description of alleged offence (eg rape):

..............................................................................................................

Was the victim exposed to the body fluids (blood, semen, vaginal fluid) of his/her assailant: YES/NO (Delete if not applicable)


In what way was the victim exposed:

....................................................................................................................

.....................................................................................................................................

...............................................

.....................................................................................................................................

................................................

(4) SIGNED BY VICTIM OR PERSON ACTING ON HIS OR HER BEHALF

......................................

................................................

.............................

.........................

Signed        Place                 Date


5) AFFIDAVIT BY VICTIM OR PERSON ACTING ON HIS OR HER BEHALF (To be completed by Commissioner of Oaths)

I hereby certify that before administering the* oath/taking the affirmation I asked the Deponent the following questions and noted *his/her answers in *his/her presence as indicated below:-

(a) Do you know and understand the contents of the above declaration?
Answer

.....................................................................................................................................

..............................

(b) Do you have any objection to taking the prescribed oath?

Answer

.....................................................................................................................................

............................

(c) Do you consider the prescribed oath to be binding on your conscience?

Answer

......................................................................................................................................

.............................

I hereby certify that the Deponent has acknowledged that *he/she knows and understands the contents of this declaration which was sworn to/affirmed before me, and the Deponent's *signature/thumb print/mark was placed thereafter in my presence.


Dated

at. .. .. .. .. . .. . .. . . ... . .. . .. ... . . .. . .. .. .. . .. . .. .. .. . . . this ..............................

day of   20............


...........................................................................................

SIGNED: Justice of the Peace/Commissioner of Oaths

Full                                                                                                  names:

.....................................................................................................................................

...........................

Designation:

.....................................................................................................................................

..........................

Area for which appointed:

.....................................................................................................................................

Business address:

.....................................................................................................................................

.................

*Delete whichever is not applicable

PART B: ALLEGED OFFENDER

1) PARTICULARS OF ALLEGED OFFENDER CHARGED WITH COMMITTING ALLEGED SEXUAL OFFENCE
(To be completed by the investigating officer)


The person whose particulars appear below has been arrested on a charge or on suspicion of having committed the sexual offence mentioned below against the victim whose particulars appear in PART A.

Name:


.....................................................................................................................................

..................................

ID No/Date of birth:

.....................................................................................................................................

............

Home/Temporary     Address:

.....................................................................................................................................

Telephone No:

.....................................................................................................................................

....................

Case No (or SAPS reference no):

...........................................................................................................................

Offence charged with :

.....................................................................................................................................

In custody/On bail :( Delete if not applicable)


In custody. If so: Place:

....................................................................................................................

On bail Date arrested:

......................................................................................................................................

......................

 

(2) SIGNED BY INVESTIGATING OFFICER

...........................................................................................................................................

Signed Place Date

 

 

(3) AFFIDAVIT BY INVESTIGATING OFFICER (To be completed by Commissioner of Oaths)


1 hereby certify that before administering the* oath/taking the affirmation I asked the Deponent the following questions and noted *his/her answers in *his/her presence as indicated below:-

(a) Do you know and understand the contents of the above declaration?

Answer

.....................................................................................................................................

..............................

(b) Do you have any objection to taking the prescribed oath?

Answer

.....................................................................................................................................

............................

(c) Do you consider the prescribed oath to be binding on your conscience?

Answer

..............................................................................................................................................

.............................

I hereby certify that the Deponent has acknowledged that *he/she knows and understands the contents of this declaration which was sworn to/affirmed before me, and the Deponent's *signature/thumb print/mark was placed thereafter in my presence.

Dated at. . . .. . .. . .. .. .. . .. .. . .. . .. . .. .. .. . . .. . . . . . . .. . . . . . . . . this......................

day of    20...................

...........................................................................................


SIGNED: Justice of the Peace/Commissioner of Oaths


Full names:

.....................................................................................................................................

...........................

Designation:

.....................................................................................................................................

..........................

Area for which appointed:

.....................................................................................................................................

Business address:

.....................................................................................................................................

................

*Delete whichever is not applicable


FORM 3

[REGULATION 4]

ORDER OF THE COURT IN TERMS OF SECTION 4 OF THE COMPULSORY HIV TESTING OF ALLEGED SEXUAL OFFENDERS ACT, 2003 (ACT NO. ... OF 2003) (To be completed by the magistrate considering the application)

IN THE MAGISTRATES COURT

FOR THE DISTRICT OF: ..      ...    ........................


HELD AT:     .............


APPLICATION NO:    ..................


PART A: VICTIM

(1) PARTICULARS OF VICTIM

Full names:

.....................................................................................................................................


(2) PARTICULARS OF PERSON ACTING ON BEHALF OF VICTIM (IF APPLICABLE)

Full Names:

...........................................................................................................................................

PART B: ALLEGED OFFENDER

(1) PARTICULARS OF ALLEGED OFFENDER CHARGED WITH COMMITTING SEXUAL OFFENCE

Full Names:

.....................................................................................................................................

...........………………………………………

Case No (or SAPS reference no):

................................................................................................................


PART C: ORDER BY THE COURT

THE COURT ORDERS THAT:

 

·         *The application is dismissed. (*Delete if not applicable)

 

·         *The application is granted for -

 

        the collection on the same occasion from the alleged offender of two body specimens;

 

        the performance on the body specimens of one or more HIV tests as are reasonably necessary to determine the presence or absence of HIV infection; and

 

the disclosure of the test results to -


a) the victim or the person acting on his or her behalf; and

b) the alleged offender.

............................................................. ...................................................

..........

MAGISTRATE…………………. DATE


FORM 4
 [Regulation 6]

NOTICE IN TERMS OF SECTION 4 (5) (b) OF THE COMPULSORY HIV TESTING OF ALLEGED SEXUAL OFFENDERS ACT, 2003 (ACT NO. ... OF 2003) REGARDING AN ORDER OF COURT THAT THE HIV STATUS OF AN ALLEGED OFFENDER MUST BE ESTABLISHED
(To be handed to the alleged offender)

The purpose of this notice is to provide you with information about an order of court which has been obtained to have you tested for HIV without your consent, and for your HIV status to be disclosed to your alleged victim.

What is HIV?

HIV refers to infection with the human immuno-deficiency virus. HIV destroys important cells which control and support the immune system. As a result the body's natural defence mechanisms cannot offer any resistance against illnesses. Most people infected with HIV ultimately develop AIDS and die as their bodies can no longer offer any resistance to illnesses such as TB, pneumonia and meningitis. Infection with HIV therefore has serious consequences for you as an individual.

How is HIV transmitted?

HIV is transmitted in three ways: via sexual intercourse; when HIV infected blood is passed directly into the body; and from mother to child during pregnancy, childbirth or whilst breast feeding.

Can HIV be transmitted during a sexual offence?

Yes. If there has been any exposure to HIV infected blood, semen or vaginal fluid during the alleged offence, HIV may have been transmitted.

Why should I be tested for HIV?

You may have exposed the victim to HIV during the alleged sexual offence with which you are charged. In the light of the serious consequences of HIV infection and victims' fear of becoming infected with HIV, they have been granted a right to apply for the HIV testing of their alleged offenders and for the disclosure of the test results.

How will knowledge about my HIV status help the alleged victim?

The information may help him or her -

 

·         to decide whether to submit him or herself to medical treatment which is costly and has serious side effects but could prevent him or her contracting the virus;

 

·         to take measures to prevent the virus from being further transmitted from him orherself to other people (eg to the victim's sexual partner, or to her baby if she is pregnant or breast-feeding).

 

·         to provide the victim with peace of mind regarding his or her possible exposure to HIV during the sexual offence.

 

Who has granted the order that I be tested for HIV?

A magistrate from the magistrate's office in the district in which you allegedly committed the sexual offence has granted the order.

On what basis has the court order been granted?

The magistrate has granted the order after considering evidence on oath by the person who applied to have you tested for HIV and by the investigating officer. The magistrate is satisfied on a prima facie basis -

 

·         that you committed a sexual offence against the victim who applied, or on whose behalf it was applied, to have you tested for HIV;

 

·         that in the course of such offence the victim may have been exposed to your body fluids (semen blood or vaginal fluid); and

 

·         that no more than 50 calendar days have lapsed from the date on which it is alleged that the offence in question took place.


You must note that the existence of prima facie evidence against you does not mean that if the criminal case against you went to trial you would be convicted of the crime. The state will still have to prove beyond reasonable doubt that you committed the offence you were charged with. Prima facie evidence is being used only for the application to have you tested for HIV without your consent.

Why was I not given an opportunity to be present and to give evidence in the application to have me tested for HIV?

The legislation providing the victim or a person acting on his or her behalf with the right to apply to have you tested for HIV does not give you the right to respond to the application. The reason for this is that a victim of a sexual offence needs to establish the HIV status of the alleged offender as soon as possible if he or she wants to use this information to make important decisions regarding their own. health. Allowing you to be present or to give evidence and participate in the proceedings will delay the process. Furthermore, it has been decided by Parliament that the limitation of your right to bodily 'integrity and privacy in this instance is both reasonable and justifiable in the light of the grave danger of HIV infection to which you have allegedly exposed your victim.

What if the charge against me is a false charge?

Any person who misuses or abuses the procedure to obtain information about your HIV status may be prosecuted and convicted of an offence and sentenced to a fine or to imprisonment for a period not exceeding six months or both. You may also bring a civil claim for damages against such person.

How will I be tested for HIV?

The investigating officer will take you to a registered medical practitioner or nurse who will on the same occasion take two body specimens from you. The investigating officer will take the properly identified specimens to a designated facility where they will be tested for HIV.

Who will pay for the HIV test?

The state.

Will I be informed about the result of the HIV test?

Yes. The investigating officer will ensure that you receive the HIV test result and information on where you can get help with understanding the implications of the result.

Will the test result be disclosed to other people?

The test result will be disclosed only to you and the victim or a person acting on his or her behalf. Your HIV status is confidential medical information which is not for public information. Any person who has obtained information about your HIV status through this process and who maliciously discloses it to others may be prosecuted and convicted of an offence and sentenced to a fine or to imprisonment for a period not exceeding six months or both. You may also bring a civil claim for damages against such person.

Will the test result be used in the trial against me?

No. The HIV test result obtained through this procedure may not be used as evidence in any criminal or civil trial. The investigating officer may however, under the provisions of the Criminal Procedure Act, 1977 have you tested for HIV for evidentiary purposes (which would include evidence for sentencing) if necessary.

How does my HIV status affect others?

Your HIV status does not only have serious implications for your alleged victim, but also for your own health and the health of others (eg your sexual partner). Every person has a responsibility to ensure that they don't put others at risk of HIV infection. It is important that you get expert advice, assistance and information on how to protect yourself and others against infection with HIV.

Service organisations which can provide counselling and support

Expert assistance in dealing with the implications of HIV test results is available at a number of different private and public facilities. These include:

 

·         Private medical and social facilities (eg a general medical practitioner or psychologist).

 

·         Public medical and social facilities, including -

 

        Life Line

 

        Child Line

 

        Rape Crisis

 

        FAMSA

 

·         The National Council for Child Welfare

 

        Regional Departments of Social Welfare

 

        Local State Hospitals and Clinics

 

        Local ATTICS

 

        Local AIDS Service Organisations


Contact details of the above public facilities are available in the telephone directory, or from the Investigating Officer, and from the prison authorities.

FORM 5

[REGULATION 7]


RECORD OF HIV TEST RESULT OBTAINED IN TERMS OF AN ORDER GRANTED UNDER SECTION 5(2)(d)(ii) OF THE COMPULSORY HIV TESTING OF ALLEGED SEXUAL OFFENDERS ACT, 2003 (ACT NO. ... OF 2003)
(To be completed by an authorised person attached to a facility designated to carry out compulsory HIV testing under Govemment Notice No R ... of... 2003)


PART A: PARTICULARS OF ALLEGED OFFENDER

Case No (or SAPS reference no):

.......................................................................................................................

Full names:

...........................................................................................................................................

.................

ID No:

...........................................................................................................................................

..........................

PART B: PARTICULARS OF HIV TESTIS PERFORMED

Type of HIV test/s performed:

................................................................................................................................

...........................................................................................................................................

 

.....................................


PART C: RESULT OF HIV TEST

Positive

Negative (Mark relevant block with a cross)

 

PART D: PARTICULARS OF DESIGNED FACILITY PERFOMING HIV TEST/S

 

Name of faxility

...................................................................................................

 

Address:

.................................................................................

.......................

 

Telephone No:

.................................................................................................................

.............

 


FORM 6

[REGULATION 8]

NOTICE REGARDING HIV TEST RESULT OBTAINED FOLLOWING COMPULSORY HIV TESTING OF AN ALLEGED OFFENDER IN TERMS OF SECTION 4(3)(c)(ii)OF THE COMPULSORY HIV TESTING OF ALLEGED SEXUAL OFFENDERS ACT, 2003 (ACT NO. ... OF 2003)

(To be handed to: a) The victim or the person acting on his or her behalf who applied to have the alleged offender tested for HIV; and

 

b) The alleged offender who has been tested for HIV)


The purpose of this information sheet is to provide a victim or a person acting on his or her behalf, and the alleged offender with information on how to deal with receiving information about the outcome of a compulsory HIV test.


How will I be told about the HIV Test Results?

The results will be made available to you in a sealed envelope.

What will be contained within the sealed envelope?

The sealed envelope will contain a document completed by a person attached to the facility who performed the HIV testing on the body specimens of the alleged offender.

The form will state whether the HIV test result was:

·         positive;

·         negative; or

·         indeterminate (i e the test is not clear either way).

 

If I am the victim, may I disclose the alleged offender's HIV status to other people?

You may not disclose the alleged offender's HIV status except to those who need to know. This will include such persons as your sexual partner, your medical doctor, or those persons who provide emotional support to you. You should discuss the disclosure of the test results with the service organisation providing you with counselling and support before making any disclosures. If you maliciously disclose the alleged offender's HIV status, you may be prosecuted and convicted of an offence and sentenced to a fine or to imprisonment for a period not exceeding six months or both. You may also face a civil claim for damages. The same applies to a person acting on behalf of the victim.


If I am the alleged offender, may I refuse to receive the HIV test result?
No.

What should I do with the HIV test result?


Every person receiving an HIV test result should get expert assistance in understanding and dealing with it regardless of whether the test result was positive, negative or indeterminate. Expert assistance will help you to -

 

·         understand the test result;

 

·         deal with immediate emotional reactions and concerns;

 

·         understand how the result will affect your future health and the health of others (eg your sexual partner

 

·         identify the need for social and medical care; and

 

·         discuss the need to disclose the test result to others.


Service organisations which can provide counselling and support

Expert assistance in dealing with the implications of HIV test results is available at a number of different private and public facilities. These include:

 

·         Private medical and social facilities (eg a general medical practitioner or psychologist).

 

·         Public medical and social facilities, including -

 

        Life Line

 

        Child Line

 

        Rape Crisis

 

        FAMSA

 

·         The National Council for Child Welfare

 

        Regional Departments of Social Welfare

 

        Local State Hospitals and Clinics

 

        Local ATTICS

 

        Local AIDS Service Organisations


Contact details of the above public facilities are available in the telephone directory, or from the Investigating Officer.

If, after reading this notice, there is anything you do not understand ask the investigating officer or the Department of Correctional Services' Social Worker for assistance.