You can download the factsheet "Infectious diseases discrimination" as a PDF. You can request a single print copy by phoning our Enquiry Line on (02) 9268 5544 or 1800 670 812, or order multiple copies using the order form under "Quick links" at the right. The text of the factsheet is also reproduced below.

Infectious diseases discrimination (PDF - 84 Kb)

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Infectious diseases discrimination
Contents

Is it against the law to discriminate against me because I have an infectious disease?
When is it against the law to discriminate?
Homosexual discrimination
Carers’ responsibilities discrimination
HIV/AIDS vilification
Infectious diseases and privacy laws
Public health and safety exceptions
Victimisation is also against the law
What can I do if I’m treated unfairly or harassed because of an infectious disease?
Making a complaint
What happens after you make a complaint?
Examples of infectious diseases complaints we have handled

Is it against the law to discriminate against me because I have an infectious disease?

Yes. In NSW it is generally against the law to treat you unfairly or harass you because you have an infectious disease, including hepatitis A, B or C; if you are HIV positive or have AIDS; or if you have an airborne disease such as tuberculosis. It is against the law to discriminate against you if:

• you have an infectious disease, even if you have no symptoms;
• someone thinks you have an infectious disease, even if you don’t;
• you had an infectious disease in the past, or someone thinks you had one in the past;
• someone thinks you might get an infectious disease in the future; and
• you have a relative, friend or work colleague who has (or someone thinks has) an infectious disease.

• in most types of employment — when you apply for a job, at any time during your employment or when you leave a job. If you can do the job safely and effectively then you must not be discriminated against;
• when you try to get, or get, most types of goods or services — for example, from shops, dentists, doctors, hospitals, pubs and entertainment places, banks, lawyers, government departments and local councils;
• when you rent, or try to rent, accommodation — for example, a unit, house, commercial premises, hotel or motel room or caravan;
• when you apply to get into, or are studying in any State educational institution — for example a government school, college, TAFE or university;
• when you try to enter, join or get services from a registered club — a registered club includes any club that sells alcohol or has gambling machines.

• They may have to discriminate against you because of public health or occupational health and safety laws. For example, you are not allowed to handle food when you are in the acute stage of many infectious diseases such as hepatitis A, or you may not be able to do certain specialised medical work because you have hepatitis C. For more information on this contact your local Public Health Unit.
• If there is an outbreak of an infectious disease (eg whooping cough or measles) in a day care centre, pre-school, or primary school, the organisation’s director or principal can be instructed by the Public Health Unit to exclude an unimmunised child for the duration of the outbreak.

• refuse to hire you or provide you with a service or accommodation because you have hepatitis or some other infectious disease;
• make you have a blood test, or isolate, dismiss or segregate you because you have an infectious disease;
• breach your confidentiality or privacy in the belief that others have the right to know about your disease for their own safety;
• treat you badly because they think you use drugs and therefore assume that you have an infectious disease; or
• treat you unfairly because they think you are gay and therefore assume that you have an infectious disease.

• you have complained to your employer or another person about infectious diseases discrimination;
• you have complained to the Anti-Discrimination Board; or
• you have supported someone with an infectious diseases discrimination complaint, or acted as a witness in an infectious diseases discrimination case.

1. A woman complained to the Board that when she revealed that she had hepatitis B to a specialist doctor, he told her that he was too busy and to go elsewhere. The complaint was settled when the doctor gave her a written apology, and agreed to change his policy to ensure that this would not happen again.
2. A man complained to the Board that he was forced to resign from his job after he told a supervisor about his hepatitis C status and the supervisor told all the employees, and he had to undergo a compulsory blood test. As a result of conciliation he received financial compensation for lost wages and the humiliation he had suffered, and the organisation agreed to change its work policies and practices.
3. A man complained to the Board that he had been refused surgery at a private hospital when they found out that he was HIV positive. The hospital claimed that their facilities weren’t equipped to cope with someone with HIV. The man’s complaint was settled when the hospital paid him substantial compensation, gave him a written apology and agreed to change their policy to ensure that this would not again.
4. A cook in a canteen, suspected of being homosexual and of having AIDS, was asked to leave the workplace because his presence was "upseting other staff". In conciliation, the employer agreed to give him his job back, and to run workplace education of employees about the transmission of HIV and AIDS, and HIV and AIDS related discrimination.