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"ACT Laws "Confusing"" Rachel Cook, MX, 14 Feb 08

The Australian Federation of AIDS Organisation Inc (AFAO) has called for a review of the Australian Capital Territory's HIV laws, after an escort was charged with providing sexual services while having a sexually transmissible disease (STI).

The ACT man, 41, was charged under section 25 of the ACT Prostitution Act (1992), titled 'knowingly infecting'; however, AFAO claims there is no evidence that Mr Scott has infected others with HIV.

"Confusingly, section 25 of the Act is headed knowingly infecting, a title that suggests actual infection has occurred," said Don Baxter, AFAO's Executive Director.

"The difference between working with a sexually transmissible disease and actually infecting someone is most significant."

Since the ACT man was charged, authorities have been calling some 250 telephone numbers found on his mobile phone in a bid to alert possible clients they may have contracted HIV.

Even though Section 25 states the person must have knowingly infected another, no-one has to be infected for a charge to be laid.

"The ACT government should review and amend this legislation to remove this discrepancy." Mr Baxter said.

HIV laws for sex workers differ across the states and territories. The Prostitution Control Regulations 2006 contains strict guidelines for sex workers in Victoria.

"It is unlawful to provide any sex work if you have an STI in Victoria," said Gabby Skelsey, a spokesperson for the non-government organisation, Resourcing health & Education in the Sex Industry.

"Workers [in brothels] are asked to provide evidence of their health status. They have monthly STI swabs and blood tests every three months," she added.

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