‘On August 10 we were made aware that the Public Health Amendment (Review) Bill 2017, which seeks to amend the Public Health Act following its review in 2016, has been introduced to the NSW Parliament and had its second reading this morning. The Bill has yet to be debated by Parliament.

The amendments in the Bill to Section 79 of the Public Health Act are different to the amendments that were in the Final Report on the Statutory Review of the Public Health Act 2010 that was tabled in Parliament in November last year.

In our submission to the review last year, we called for a Public Health Act that reflects the latest evidence, meets community expectations and doesn’t further stigmatise or criminalise affected communities. You can read our submission here.

That’s why we’re particularly concerned about proposed penalties for offences against Section 79, which includes the maximum penalty of $11,000 or 6 months imprisonment or both.

The response to HIV and other sexual health issues has been developed in partnership with, and driven by, the good work of community members and we want to see this continue. Without community action and support, advances in public health will be threatened.

We want to assure the community that we will be working with Members of Parliament and the Ministry of Health and advocating on these issues. It is our belief that Section 79, in this form, should be removed.

We believe sexual health relies on the principle of mutual obligation, which was a statement we reinforced in our submission. These are shared responsibilities that should not be shouldered entirely by one particular group in the community.

Evidence supports a health, not criminal, approach to HIV and STIs.’

ACON CEO Nicolas Parkhill