Have mandatory testing laws become a serious threat to HIV responses? Lessons learned from a civil society advocacy campaign in Australia

BACKGROUND: Since 2015, a coalition of civil society organisations has advocated against the introduction of new mandatory testing laws in Australia. Proposed by police unions, mandatory testing laws have been formally introduced by several state governments. They allow individuals to be tested for HIV and other blood borne viruses (BBV) without consent, including after low or no risk exposures (e.g. to saliva).
DESCRIPTION: The 'Stop Mandatory Testing' campaign was conducted by a broad coalition of civil society organisations, including HIV and LGBTQ+ organisations, medical associations, legal aid organisations, health worker unions and public health researchers. Aimed at convincing legislators to withdraw or amend the proposed laws, the campaign addressed lobbying efforts by police unions seeking the introduction of mandatory testing in jurisdictions across the country, including Australia''s most populous state of New South Wales. The campaign centred on the provision of scientific and empirical evidence and personal testimony to convince Australian decision-makers that compulsory testing violated rights, increased stigma and fear, could be misused punitively, and was proposed for situations that carried little to no risk of transmission (e.g., spitting). The campaign highlighted that mandatory testing was in conflict with Australia's rights-based response to HIV/BBV, would hinder testing and stigma reduction targets, and that no occupational HIV transmission had ever been recorded in a police officer. Strategies evolved over the course of the campaign and included the production of reports, submissions, appearances at parliamentary inquiries, a campaign website, media and targeted advertising.
LESSONS LEARNED: The failure of the campaign to stop mandatory testing laws offers a stark warning about the risk of backsliding and fracturing of HIV responses, and that evidence may be insufficient to prevent regressive laws. This failure offers important lessons for civil society, including the need for stronger influence over policymakers, tactics to generate public attention or shame lawmakers, and strategic multi-jurisdiction lobbying.
CONCLUSIONS: Considering how evidence was overlooked and the threats posed by growing police powers, we need to consider renewed political and intersectional alliances, including with political parties and organisations and communities affected by police violence. After forty years of HIV responses, the need for community mobilisation remains.

Download the e-Poster (PDF)