1) Recent public policy responses in Australia regarding criminal prosecutions of HIV transmission have focused on distinguishing between those who are unwilling versus unable to prevent transmission and clarifying protocols for police referrals. 2) National guidelines were endorsed to reinforce principles of voluntary testing, responsibility for prevention, and separating public health and law enforcement. 3) There has been increased debate around the definitions and trends of "criminalization" as it relates to HIV, including what behaviors are considered criminal and who is being criminalized. The disproportionate number of prosecutions in Victoria also requires examination.

1. Darryl O’Donnell Manager, HIV and Sexually Transmissible Infections Unit NSW Department of Health 8 May 2009 Criminal Prosecutions Involving HIV – What is the Policy Agenda? AFAO General Meeting and Workshop