Mr. J. BULL (Sunbury) — I rise to speak on the Crimes Amendment (Repeal of Section 19A) Bill 2015, introduced by the Attorney-General. I commend the Minister for Equality, the member for Albert Park; the member for Niddrie; and the member for Oakleigh for their important contributions. I reiterate the sentiments of the member for Oakleigh regarding the historical knowledge of the member for Essendon and how difficult it can be to follow him. I support this bill because in my view section 19A of the Crimes Act 1958 unfairly discriminates against those with HIV. There are currently nearly 7000 Victorians living with HIV, and I am pleased for those Victorians that this bill is being debated today. For them and for their families, carers, support networks and support groups I wish the bill a safe passage.

I will talk about the ABC feature story published a few years ago entitled ‘Why HIV is no longer a death sentence’. It says:

By the end of September 2012, 6852 people in Australia had died from HIV/AIDS. But Blegg and Manwaring —

the subjects of the story —

aren’t ‘dying from AIDS’. They are ‘living with HIV’, along with around 25 700 other people in Australia.

It says much of the turnaround is due to:

… the ‘close and durable relationships’ between clinicians, government agencies and grassroots advocates within the communities most at risk of infection … These relationships, forged out of necessity in the midst of a crisis, are widely acknowledged to have been instrumental in curbing the spread of HIV in Australia.

As other members have noted, we have come a long way since 1993, when section 19A was introduced, and I acknowledge the contributions of other members on that topic. The story continues:

… Manwaring is studying postgraduate law, working as a bar tender and enjoying a loving, committed relationship. Like many … of his generation, he doesn’t personally know anyone who has died from HIV. He also couldn’t tell you firsthand what it was like taking the early anti-HIV therapies, toxic drugs whose side-effects were often so debilitating that many people took their chances with the virus instead.

Stigma was propagated through the campaigns of the 1980s. The member for Essendon mentioned the Grim Reaper campaign, and I remember that campaign, although I was very young at the time. This bill is fundamentally about fairness. Section 19A creates the offence of intentionally causing another person to be infected with a ‘very serious disease’, which is defined within that section solely as the HIV virus, with a penalty of 25 years imprisonment.

The introduction of that section in 1993 followed a number of armed robberies in which offenders were carrying syringes containing blood. I note, as other members have mentioned, that there is a difference between reality and the stories that are propagated in the media and by others, and that has played a role. This is the only offence of its kind in Australia. Other states have moved past this, so we are the only jurisdiction that has such an offence. Only one person has been convicted of three counts of attempting to commit the offence of the transmission of HIV, which is the point on which I have just reflected. This indicates that the offence has not been used widely and does not capture the criminal conduct it was intended to cover.

During this debate I have heard many people mention last year’s International AIDS Conference in Melbourne. A number of health and legal groups criticised section 19A, saying it is discriminatory and out of step with recognised best practice in other jurisdictions in this country and throughout the world. On the first day of the conference the former government committed to reviewing that section. Labor welcomed the announcement. On 24 November 2014 Labor committed to repealing section 19A, and this was well received by the community and support groups.

I am pleased that today both sides of the house are supporting the bill. All members recognise the value and importance of ensuring that our laws protect people from discrimination, especially discrimination based on health. We know that discrimination protections apply to people with HIV under the Equal Opportunity Act 2010. This act prohibits discrimination on the basis of a disability, which is defined to include the presence in the body of organisms that may cause disease. The Charter of Human Rights and Responsibilities Act 2006 also states at section 8 that every person has the right to equal protection of the law.

This bill works towards fairness and towards ensuring that people living with HIV are entitled to equality before the law. Members of both sides of the house have discussed the practicality of this law and the fact that only one person has been convicted of three counts of the offence. The bill promotes recognition that those who have HIV should not be treated differently to others. We already know that under the Crimes Act 1958 the definition of ‘injury’ now includes matters such as these. In essence section 19A is not required. We can look at examples in other jurisdictions. In 2007 New South Wales repealed its offence of causing a grievous bodily disease. The offence was removed.

Today is a very important day for the Parliament and for those who suffer from the disease HIV. This bill should prompt us to reflect upon the experiences of those who suffer from the disease and those who support them. I commend the bill to the house.