HIV/AIDS POLICY

Relevant Legislation:

The Disability Discrimination Act 1992 (s4) forbids discrimination on the grounds of disease or illness.
The Disability Services Act (1993) defines disability to include physical impairment which results in reduced capacity for communication, social interaction, learning or mobility and the need for continuing supports services.
State Equal Opportunity Act (1984 - amended 1989) refers to impairment as a defect or disturbance to the normal structure or function of the body.

In context of the above, people with HIV/Aids will be considered as having a disability and are eligible to access Homeswest accommodation under existing policy for people with disabilities and through priority assistance policy relating to medical conditions. However, Homeswest recognises that there are specific issues relating to HIV/Aids in relation to confidentiality, discrimination and the deteriorating nature of the illness that requires particular policy definition.

Confidentiality 14. Details relating to the HIV/Aids status of a Homeswest applicant or tenant must be kept strictly confidential.	14.1 See PRIVACY, CONFIDENTIALITY AND DUTY OF CARE POLICY. 14.2 The file of an applicant or tenant with HIV/Aids must not be distinguishable from the ordinary. 14.3 Applicants or tenants with HIV/Aids must be offered a private interview room for any interview with Homeswest. 14.4 Contractors are not to be advised of a tenant’s HIV/Aids status. 14.5 Information relating to the HIV/Aids status of a tenant or applicant must not be transferred to an internal or external source without the applicant/tenant’s consent or authority. 14.6 Any breaches of confidentiality will attract disciplinary action.
Allocation 15. A single applicant with HIV/Aids may be eligible for 2-bedroom accommodation if a carer or future carer may be required.	15.1 A live in carer has no right of succession to a tenancy on the death of the tenant for whom they were caring. 15.2 Allocation of accommodation must take into account the medical definition of the current stage of the illness, but also the person’s financial situation, discrimination or harassment due to the illness.
Priority Assistance 16. The conditions relating to priority assistance of an applicant or tenant with HIV/Aids are the same as those applying to all tenants making application for priority assistance or transfer.	16.1 An assessment of an applicant with HIV/Aids will take in all factors applicable to applicants for priority assistance, with extra consideration to discrimination and harassment, which may be experienced.
17. Homeswest staff members undertaking assessments regarding applicants or tenants with HIV/Aids will receive training in issues.