Papua New Guinea

Section 298. Unlawful homicide

A person who unlawfully kills another is guilty of the criminal of wilful murder, murder, infanticide or manslaughter, according to the circumstances of the case.

Section 340. Assaults occasionally bodily harm

A person who unlawfully assaults another and by doing so does him bodily harm is guilty of a misdemeanour.

Penalty: Imprisonment for a term not exceeding three years.

Section 23. Intentional Transmission

(1) The intentional transmission or attempted transmission of HIV to another is

(a) assault or attempted assault, occasioning body harm within the meaning of Section 340 of the Criminal Code Act (Ch 262)

(b) where death has occurred – an act of unlawful killing within the meaning of Section 298 of the Criminal Code Act

(2) Section 297 of the Criminal Code Act 1974 shall not apply in a prosecution under Subsection (1)(b).

(3) It is a defence to a charge of an offence relating to the intentional or attempted transmission of HIV to another person that –

(a) the other person was aware of the risk of infection by HIV and voluntarily accepted that risk; or

(b) the other person was already infected with HIV; or

(c) where the transmission or attempted transmission is alleged to have occurred by sexual intercourse –

(i) a condom or other effective means of prevention of HIV transmission was used during penetration; or

(ii) the accused person was not aware of being infected with HIV.

(4) A court may, in any proceedings under this section, order either or both of the following:–

(a) that an HIV test be performed on the accused;

(b) that the court be informed of any information regarding the HIV status of the accused.

(5) In making an order under Subsection (4), the court may make any ancillary order it considers necessary or desirable, and in particular, orders relating to –

(a) the provision of counselling to the accused; and

(b) the release or suppression of the results of any test performed or of any information obtained.

Section 24. Reasonable Care

A person who is, and is aware of being infected with HIV shall –

(a) Take all reasonable measures and precautions to prevent the transmission of HIV to others, including the use of a condom or other effective means of protection from infection during sexual intercourse; and

(b) Inform any intended sexual partner or any person with whom a skin penetrative instrument is to be shared, in advance of the sexual intercourse or sharing of the skin penetrative instrument, that he is infected with HIV and the taking of those measures and precautions and the giving of that information shall constitute the taking of reasonable care within the meaning of Section 286 of the Criminal Code Act 1974.

Section 25. Reckless behaviour causing risk of infection

(1) Where the Director believes, on reasonable grounds, that a person –

(a) is and is aware of being infected with HIV; and

(b) has behaved in such a way as to expose others to a significant risk of infection; and

(c) is likely to continue that behaviour in future; and

(d) has been counselled without success in achieving appropriate behaviour change; and

(e) presents a real danger of infection to others, the Director may issue a written notice to the person.

(2) A notice under Subsection (1) shall state –

(a) the grounds upon which the Director believes that is should be issued; and

(b) the reasons why the person should not continue the behaviour referred to in Paragraph (a); and

(c) a direction that the person should not continue the behaviour, or should commence to behave in a specific manner; and

(d) any other matters or directions that the Director considers are necessary or convenient to ensure an appropriate change of behaviour; and

(e) that breach of a direction in the notice is an unlawful act, and may be dealt with according to this Act.

(3) A notice under Subsection (1) may be delivered to the person to whom it is directed by –

(a) delivering a sealed copy of the notice to the person personally or, if the person cannot be found, by leaving it at the person’s last known place of residence with some other person apparently residing at that place and apparently not less than 16 years of age; or

(b) delivering a sealed copy of the notice to another person who is known to be providing treatment, care or counselling to the person to whom the notice is directed.

(4) Failure to comply with a notice under Subsection (2) is unlawful.