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THE HEALTH RIGHTS PROJECT

Can I be arrested for distributing condoms or exchanging needles?

Distribution of condoms and exchanging needles are some strategies used to reduce the risk of HIV transmission. Under the Act, these strategies are not restricted or prohibited, and do not constitute a criminal offence or civil liability.

The provider and users are both protected where:

  1. Condoms are supplied to sex workers or their clients.
  2. Condoms, or HIV or sexual health informational and educational content are provided to men who have sex with men or transgender persons.
  3. Registered needle exchange programme services or opioid substitution treatment are provided to people who inject drugs.