79Duties of persons in relation to sexually transmissible diseases or conditions

79 Duties of persons in relation to sexually transmissible diseases or conditions

79 Duties of persons in relation to sexually transmissible diseases or conditions

(1) A person who knows that he or she has a notifiable disease, or a scheduled medical condition, that is sexually transmissible is required to take reasonable precautions against spreading the disease or condition.

Maximum penalty—100 penalty units or imprisonment for 6 months, or both.

(1A) Without limiting subsection (1), reasonable precautions include acting in accordance with the information relating to the means of minimising the risk of infecting other people if the information is provided to the person under section 78(1).

(2) An owner or occupier of a building or place who knowingly permits another person to have sexual intercourse in contravention of subsection (1) at the building or place for the purpose of prostitution is guilty of an offence.

Maximum penalty—100 penalty units or imprisonment for 6 months, or both.

(3) A person (other than a member of the NSW Health Service) must notify the Secretary if the person commences proceedings against a person for an offence under this section.

s 79: Subst 2017 No 43, Sch 1 [32]. Am 2022 No 6, Sch 1.6[3].