Review of the criminalisation of serious disease transmission
On 25 September 2024, the Attorney-General asked us to review the criminal code provisions that concern the transmission of serious disease.
Terms of Reference
The Terms of Reference explain the scope and content of the review. The terms of reference require the Commission to commence the review on 1 July 2025 and report on 31 August 2026.
The Terms of Reference note
The Criminal Code contains offence provisions which criminalise the transmission of serious disease to another person. For example, it is an offence against section 317 of the Criminal Code to intentionally transmit a serious disease to another person. Where the specific intent to transmit serious disease cannot be made out, a person may be convicted of unlawfully causing grievous bodily harm pursuant to section 320 of the Criminal Code.
In cases involving the transmission of serious disease, the Queensland offences, and equivalent offences in other Australian jurisdictions, have been used to prosecute the transmission of the human immunodeficiency virus (HIV) to another person.
Recent stakeholder advocacy has highlighted concerns that the criminalisation of the transmission of serious disease is inconsistent with, and undermines, public health commitments aimed at containing the spread of the disease. Concerns have also been raised that a criminal response contributes to further stigma and discrimination experienced by people living with HIV. Stakeholders have highlighted developments in medicine and treatment, including antiretroviral medications for people at risk of acquiring HIV, and emphasised an evidence-based public health approach rather criminal responses to the transmission of HIV.
The Queensland Government considers that it would be appropriate to examine, as part of the review, existing provisions in the Criminal Code that relate to the transmission of, or exposure to, serious disease to ensure Queensland's criminal law reflects contemporary community standards and relevant, contemporary medical, scientific, and other research.