Call to update Management Act

 THE HIV/AIDS Management and Prevention (HAMP) Act 2003 needs to be updated with the latest technical and social understanding of the epidemic, United Nations says

UN AIDS country director Stuart Watson said the HAMP Act provided a wide range of protections for people living with or were affected by HIV and were needed to be updated.

“It was the first comprehensive piece of HIV-related legislation in the Pacific region and provides a wide range of protections for people living with or affected by HIV, particularly the aspects of the law related to discrimination and employment,” Watson said.

“It has only been used a few times, mostly in civil actions taken by people who were wrongly dismissed from employment because of their HIV status. There are some issues with the HAMP Act which need review to bring it up to date with the latest technical and social understanding around the epidemic.

“Especially, the clauses in the Act related to wilful or intentional transmission.” 

He said the current understanding that effective treatment significantly reduced the potential for transmission of HIV, and criminalising transmission was a concern that was needed to be addressed holistically.

“With our understanding, effective treatment is that chances for HIV transmission is reduced,” Watson said.

“Unfortunately, the latest epidemic information is showing that the incidence and prevalence of HIV is increasing, rather than decreasing and we can’t to be complacent.”

and criminalising transmission simply means people become unwilling to disclose their HIV status to their partners.

“And it gives uninfected people the idea that if their partner does not disclose their HIV infection, they can then assume they are safe.  

“It removes personal responsibility from both partners to choose safer sex options (like use of condoms).”

Watson said there is still more needed to be done to improve the country’s response to HIV and the Government must not become complacent.