Yes, in Australia, you generally have a legal and ethical responsibility to take "reasonable precautions" to prevent the spread of a diagnosed, notifiable STI, which usually means informing current and past partners so they can get tested, though specific laws vary slightly by state, with some states focusing on "reckless transmission" rather than mandatory pre-intercourse disclosure. Failing to do so can lead to penalties like fines or jail time, but health services offer anonymous partner notification services (contact tracing) to help, especially if disclosure feels unsafe.
STI disclosure laws in Australia
Relatively recent amendments to some of these state-based laws have removed the legal requirement for people with certain STIs to disclose their STI status to prospective partners.
Current reportable STIs and related conditions include:
There aren't any federal or state laws making it illegal for you to not tell a partner about an STD you may have. Laws on the topic vary from state to state. That being said, it is typically illegal, civilly and criminally, to knowingly or recklessly transmit an STD.
Consider everyone's privacy and safety
Remember, you only need to give people the essential information – the type of STI you have, that they could be at risk, and that they should get tested just in case.
Herpes, HPV, HIV, and hepatitis B are currently incurable. However, management of disease progression, transmission, and some symptoms is possible.
With regard to consent, there is no legal requirement that a person must inform their partner that they have an STI.
According to Professor Catriona Bradshaw, a clinician scientist and Head of Research Translation and Mentorship at the Melbourne Sexual Health Centre, Alfred Health and School of Translational Medicine, Monash University, “Mycoplasma genitalium is an STI that has resulted in untreatable infections thanks to AMR.”
requires health care providers to report chlamydia (including LGV), gonorrhea, and chancroid within 7 calendar days of diagnosis and to report syphilis within 1 working day.
In general: It is possible to get some STIs in the mouth or throat after giving oral sex to a partner who has a genital or anal/rectal STI. It is possible to get certain STIs on the genitals and genital areas after receiving oral sex from a partner with a mouth or throat infection.
Chlamydial infection is a nationally notifiable disease – these are diseases that present a risk to public health. Health authorities in each state and territory report new laboratory confirmed cases to us daily through the National Notifiable Diseases Surveillance System.
The offence of causing grievous bodily harm
People can also face severe penalties under the Crimes Act 1900 where they transmit serious STIs. Section 33 of that Act states that a person who causes grievous bodily harm with intent to another person faces a maximum penalty of 25 years imprisonment.
Do I have to disclose them? Similar to HIV, you do not have a duty to disclose your STI status. However, if a sexual partner asks you if you have any STIs you shouldn't lie to them. If your sexual partner doesn't ask if you have a specific STI or any STIs, you don't have a duty to disclose.
Who do I need to tell about Chlamydia? It is important to let your current partner and anyone else you have recently had vaginal, oral or anal sex with know about this infection so that they can be tested and treated. This even includes times where you used a condom.
For example, if you have been diagnosed with an STD and later engage in sexual relations with someone else without telling that person you have the disease, you can be convicted of this crime if that person becomes infected. However, if you are unknowingly infected with an STD, you cannot be found guilty of this crime.
Syphilis is an STI caused by a bacterium. Untreated, it can lead to complications and death. Clinical manifestations of syphilis include the ulceration of the uro-genital tract, mouth or rectum; if left untreated the symptoms worsen.
Chlamydia is the most common STI in Australia, particularly among young people aged 15 to 29.
How does chlamydia spread? Once a person has chlamydia, they can spread it to their partners through sexual intercourse, anal sex or oral sex. Infections can also occur when a person with chlamydia shares sex toys with their partners.
Legal requirements to disclose
As with any other information, HIV and STI information must be disclosed when there is a legal requirement to do so. This includes where there is a court order.
In most states, there's no legal duty to inform or disclose your STD status to a sexual partner. But that decision could lead to criminal charges like those listed above. Informing a partner is not only a good idea, but also it's typically a defense to criminal charges.
First, failure to notify a partner who consents to sexual intercourse is a fraud vitiating the partner's consent. For this purpose, the transmission of the virus is not necessary to establish fault. However, in the absence of transmission, it is necessary to be able to analyze the harm.
The easiest STD (STI) to get is Human Papillomavirus (HPV), being the most common STI globally, with nearly all sexually active people contracting it at some point, spreading easily through skin-to-skin contact during vaginal, anal, or oral sex, often with no symptoms, and other very common ones include Chlamydia and Gonorrhea, bacterial infections also easily transmitted and sometimes asymptomatic.
Antibiotics can usually treat the infection successfully. Most of the time, you can cure an STI without long-term complications. In some instances, like with HIV, you may need lifelong treatment. Using a condom or other STI preventative measures when you're sexually active can reduce your risk of STIs.
What STDs can have no symptoms?
Which STIs are notifiable?