Australia

Regulations on entry, stay, residence, and treatment access for people living with HIV

The categories of restriction are:

  • Restrictions on short-term stays which in most cases is defined as under 90 days.
  • Restrictions on long-term stays which in most cases is defined as over 90 days.

The types of restriction are:

  • HIV testing/disclosure required for work visa.
  • HIV testing/disclosure required for residence.

Restrictions on entry to Australia

We found no evidence of any official restrictions on entry to Australia based on HIV status.

All non-nationals of Australia (or New Zealand) require a visa to enter the country. Each visa has its own requirements, which may include medical examination including HIV testing, however there is no requirement for HIV testing linked to entering the country.

Restrictions on short-term stay in Australia

We are aware of some official restrictions on short-term stay of people living with HIV in Australia.

According to the US Department of State and UNAIDS, Australia requires HIV testing for certain types of visa. The website of the Department of Home Affairs of the Australian Government reports that medical examination is required for certain visas depending on the type of visa applied for, the length of stay, and the intended activities in Australia.

According to the information available on the website of the Department of Home Affairs of the Australian Government, applicants for a temporary visa do not generally need to complete an HIV test. The exception is temporary visa applicants intending to work or study to become a doctor, dentist, nurse or paramedic.

Restrictions on long-term stay in Australia

We are aware of official restrictions on long-term stay of people living with HIV in Australia.

According to the information available on the website of the Department of Home Affairs of the Australian Government, all applicants for a permanent visa must complete an HIV test if they are 15 years or older. Children for adoption must also complete an HIV test.

People living with HIV are treated similarly to other people with chronic health conditions and disabilities during the country’s immigration health assessment process. If a person is found to be HIV positive, a decision on whether they meet the health requirement for a visa is considered on the same grounds as any other pre-existing medical condition. That is, the disease or condition is not likely to: 

  • require health care or community services while in Australia
  • result in significant costs to the Australian community 
  • prejudice the access of an Australian citizen or permanent resident to health care or community services.

A person who initially fails this health requirement may have it subsequently waived if they are applying for a certain limited number of visa types. The circumstances under which they may have it waived are listed on the Department of Home Affairs website.

To determine whether someone’s health condition is likely to result in ‘significant costs’, a threshold is set which establishes the maximum amount deemed acceptable. This is calculated based on an assumption of likely costs over a 10 year period based on the health condition. In October 2023, Andrew Giles MP, Minister for Immigration, Citizenship and Multicultural Affairs, requested that the Department of Home Affairs undertake a review into the Migration Health Requirement and Australia’s visa significant cost threshold. This resulted in the threshold rising from $51,000 to $86,000 in from 1 July 2024. However, civil society have called for this to be reviewed due to the difficulty of people living with HIV in meeting it. See for example, a statement by Living Positive Australia.

Historic regulations in Australia

In 2002, drastically restrictive entry regulations were introduced, including an individual cost assessment based on life expectancy, treatment costs, and total expenses for medical treatment. People living with HIV were increasingly denied immigration following their introduction.

In 2007, In advance of the 4th International Conference on HIV Pathogenesis, Treatment and Prevention (IAS 2007) in Sydney, Australia, then Prime Minister John Howard explained that people living with HIV should be better monitored, since they are a public health risk. In the context of the conference, this led to massive protests by the global HIV community.

In 2014, UNAIDS reported that Australia had made reforms to its migration health assessment requirements and procedures, including an annual increase to the ‘significant cost threshold’, the elimination of the cost assessment related to health services for humanitarian visa applicants, and improvement to increase the transparency of the health assessment process. Also, it has been confirmed that a HIV pilot programme for African student visa applicants was officially discontinued in 2011.

Treatment access in Australia

The following summarises available information on access to healthcare for people living with HIV in Australia. There is no evidence that non-nationals are restricted from accessing treatment in the same way as nationals.

The National Association of People with HIV Australia provides detailed information on treatment access in the country and report that HIV testing and treatment is now free* for everyone in Australia, even without a Medicare card.

Information on how and where to access HIV testing and HIV treatment in each State is available here. As well as English, this information is also available in several languages: 简体中文 繁体中文 Español Português ไทย Tiếng Việt.

The HIV Justice Network's Global HIV Criminalisation Database

People living with HIV may be criminalised in Australia. While there are no HIV-specific laws in force, we are aware of reported prosecutions of alleged HIV ‘exposure’, non-disclosure, and/or transmission under general criminal laws. However, the application of criminal law is a devolved power in Australia, and the status of HIV criminalisation varies by state.

UNAIDS Global AIDS monitoring data

This information about access to HIV services comes from UNAIDS https://lawsandpolicies.unaids.org/, a platform to view data on HIV-related laws and policies. This is information provided by national authorities and civil society and may contradict other sources.

Migrant populations

Laws/policies enable documented migrants to access HIV services under the same conditions as citizens N/A
Laws/policies enable documented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) N/A
Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens N/A
Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) N/A
Migrants are able to access HIV services N/A

Refugees and asylum seekers

Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens N/A
Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) N/A
Laws/policies enable refugees to access HIV services under the same conditions as citizens N/A
Laws/policies enable refugees to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) N/A

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This site focuses on information about HIV travel. Please also consult your own Foreign Office/Ministry of Foreign Affairs website, or the local consulate of the country you are visiting, to see what restrictions there are specifically for you as a citizen of your country, regardless of your HIV status.