Legal obligations/confidentiality

Students who have been infected by HIV should not be excluded from school or isolated within the school.

There is no legal obligation for those who have been infected (or been at risk of infection) to inform the school. However, some parents and/or students may choose to inform the principal or individual teachers of their condition. Principals and teachers are to respect the confidentiality of such information.

Confidentiality should be maintained by following these procedures:

• ensure security of records. Information on HIV positive status should not be kept in students' personal files
• handle carefully all written and oral information. No names should be recorded on desk pads, telephone messages or departmental correspondence. The school should not be recorded in any departmental correspondence. It should be sufficient to record the Learning Service only
• provide a private venue for personal interviews. This includes interviews with guidance personnel

The current recommendation of the DHHS Sexual Health Unit is that principals seek written approval from parents/students indicating the names of staff and others who may be informed of a student's HIV positive status.

Confidentiality principles (Tasmanian HIV/AIDS Preventative Measures Act 1993) apply to people who:

• are or may be infected
• are about to undergo or have been advised to undergo an HIV test
• have themselves requested, or have been asked to or advised to undertake testing
• have received or requested counselling about being tested.

Refer to HIV/AIDS Preventative Measures Act 1993 for issues of Legal Liability re confidentiality and other matters. Also refer to provisions of the Commonwealth Disability Discrimination Act 1992.

Responsibility for the health of the student

The health of students who choose to inform the school of their condition should be monitored. However, the responsibility for an affected child's health lies with the child's parents /guardian and medical practitioner and not with the Department of Education. Disruption to the student's education is possible. As in the case of any student not attending school because of illness, students absent due to HIV/AIDS or related conditions should be provided with appropriate home study material as determined by teachers in consultation with parents.

Parents/guardians of students who are known to be HIV positive should be asked whether they wish to be informed of any outbreaks of infectious diseases.

Avoiding body fluid contact

For people living with HIV, strict hygiene and first aid procedures should be observed. There is no evidence that the virus can be spread by social contact (eg toilet seats, PE equipment).

In exceptional circumstances, where a particular behaviour pattern raises concern in the school community about increased risk of the transmission of HIV, and does not seem to be covered by these guidelines, the principal should refer the matter to their Learning Services General Manager. 

Principals and teachers are reminded that where there is concern about a child's health, they should refer to the family medical practitioner.

Procedures for teachers and ancillary staff who have been infected by the Human Immuno-Deficiency Virus (HIV)

Legal obligation/confidentiality

Staff who have been infected with HIV, or have been at risk of infection, or have requested testing or counselling for HIV testing, are not obliged to inform the Department of Education of their condition. They may choose however to notify their principal. Principals are legally bound to respect the confidentiality of that information.

Confidentiality should be maintained by:

• ensuring the security of records
• careful handling of written and oral information
• providing a private venue for personal interviews.

Refer to student provisions above for elaboration.

Responsibility for the health of staff members

In view of the potential for some staff to become ill when infected with HIV, these staff should seek medical assistance in monitoring their own health.

The symptoms and effects of HIV infection may mean staff are unable to continue work, or they may require intermittent sick leave. Where a staff member becomes very ill because of HIV or another serious illness, the principal should ensure that the staff member is aware of sick leave entitlements and procedures. When a period of absence is longer than two-and-a-half days, a medical certificate must accompany the standard leave form and should be forwarded immediately to the principal/officer-in-charge who will sign and forward the form and medical certificate to the Human Resources Management Branch.

Absolutely no information on the HIV positive status of a staff member should appear in personal files or be communicated in writing to any section of the Department. Principals must devise their own method of confidential filing which is not accessible to others.

Staff must be made aware that they have a right to demand a new medical certificate should they consider a medical practitioner's comments intimate or imply HIV positive status or AIDS-related illness.

All staff should be made aware of their obligation to observe universal/standard infection control precautions.

Protection from discrimination

• compulsory transfer of place of employment.

Responsibility to colleagues

Principals need to be aware of the possible pressure which may be applied to them by staff who are demanding to be informed of the HIV positive status of students or colleagues. Provided universal precautions for infection control are maintained, staff need to be assured that their knowing the status of a colleague or student will be of no benefit to them and may prove to be a burden they do not need.

Any pressures perceived by HIV positive people in the school community will only increase their resolve not to declare their status.

Support for principals

The knowledge of the HIV positive status of a student or staff member by the principal alone can be a burden which is difficult to bear. Principals should contact the Department’s HR Consultant (Occupational Health and Safety) if they wish to access the counselling services.Assistance can also be sought through the counselling service offered by the DHHS Sexual Health Unit.

Standard infection control and first aid procedures in schools

Cases of HIV infection in Tasmanian schools may be rare, however it is important to emphasise basic hygiene and first aid procedures to guard against transmission of HIV and other diseases.

Because of its methods of transmission, HIV is one of the least infectious of the communicable diseases. Therefore, there is no need to refuse assistance or first aid to any student or staff member provided standard (universal) infection control precautions are adhered to.

Contacts 

See Contacts in Relation to HIV/AIDS [PDF 7.9KB]