Hepatitis B and the law in Australia
This report presents the results of a legal mapping review that aims to advance our understanding of the legal environment surrounding hepatitis B in Australia.
Hepatitis B is the most prevalent blood-borne virus (BBV) in Australia. As has been recognised in the case of other BBVs, including HIV and hepatitis C (HCV), an enabling legal environment is central to the effectiveness of public health responses to hepatitis B. However, to date, no assessment has been undertaken of the state of the legal environment surrounding hepatitis B in Australia.
Through a structured analysis of legal disputes and issues, this legal mapping review identifies hepatitis B-related legal issues that are of current concern. It shows that Australian hepatitis B-related case law arises in a wide range of primary areas of law, including criminal law, social security law, anti-discrimination law, migration law and refugee law. A disparity exists between the high prevalence of hepatitis B in the population and the comparatively low number of relevant decisions or judgments when compared to HIV or hepatitis C. This review identified a predominance of migration law-related disputes and hepatitis B-related criminal legal matters.
