Infectious diseases discrimination is against the law and is when you have been treated unfairly because:
Infectious diseases discrimination is against the law in certain public places, including:
If you are unsure if you have experienced discrimination or if you need more information, you can contact our enquiry service.
If you feel you have been discriminated against, you can try speaking to the person or organisation directly to express how you feel if you are comfortable to do so. If this isn’t appropriate, you can contact us to make a complaint of discrimination.
If you are treated unfairly because you have made a complaint of discrimination or because you have provided evidence or information about a complaint, this is known as victimisation and is also against the law.
HIV/AIDS vilification is against the law and is a public act that could incite hatred, serious contempt or ridicule towards people who have HIV or AIDS. You can contact us to make a complaint if you experience HIV/AIDS vilification.
Public acts include:
A public act that threatens or incites violence towards a group of people on the basis of race, religious belief or affiliation, sexual orientation, gender identity, intersex status or HIV/AIDS status is a criminal offence that should be referred to the police.
If you can do the essential parts of your job, employers must also provide any special facilities you need to do your job - unless it would cause them 'unjustifiable hardship' to do so. For example, you might need to have your breaks at particular times to take medication as previously, or work partly from home.
Similar rules apply to educational institutions, accommodation providers and registered clubs. In deciding whether providing you with what you need would cause unjustifiable hardship, the organisation involved must consider the benefits of the proposed facilities to their other staff and clients, as well as to you.
If an employer, workmate or service, accommodation or education provider tells anyone else about your infectious disease when you haven't said they can, this could lead to discrimination that is against the law. It may also be against privacy laws. For more information on privacy laws contact the Information and Privacy Commission.
However, some infectious diseases are classified as 'notifiable'. This means that a health care practitioner may have to notify a Public Health Unit about your infectious disease. For more information, contact your local Public Health Unit.
An employer or service provider is allowed to discriminate against you if another law tells them that they must. For example:
However, there are only rare occasions when health and safety obligations mean that someone can discriminate against you because you have an infectious disease. This means that it is generally against the law to:
Do you have a question about discrimination?
Contact our enquiry service.