FORM 8

[Regulations 5(4) and 6(8)]

NOTICE CONTAINING INFORMATION ON CONFIDENTIALTITY OF AND HOW TO DEAL WITH HIV TEST RESULTS

Section 33(1)(e) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) (the Act)

(To be handed to:

(a)        The victim or interested person acting on his or her behalf who applied to have the alleged offender tested for HIV; and

(b)        the alleged offender who has been tested for HIV)

The purpose of this information sheet is to provide a victim or interested person acting on his or her behalf, and the alleged offender with information on the confidentiality and how to deal with receiving information about the outcome of a compulsory HIV test.

How will I be told about the HIV Test Results?

The results will be made available to you in a sealed envelope, marked "Confidential/VertrouIik".

What will be contained within the sealed envelope?

The sealed envelope will contain a document completed by a person attached to the health establishment who performed the HIV testing on the blood specimens of the alleged offender. The form will state whether the HIV test result was positive or negative.

If I am the victim, may I disclose the alleged offender's HIV status to other people?

In terms of the Act the HIV test results may only be disclosed to the victim or the interested person who initiated the application for the compulsory HIV testing of the alleged offender, the alleged offender, the investigating officer, and where applicable a prosecutor or any other person who needs to know the test results for purposes of any civil proceedings or an order of a court.

What should I do with the HIV test result?

Every person receiving an HIV test result should get expert assistance in understanding and dealing with it regardless of whether the test result was positive or negative. Expert assistance will help you to—

Service organisations which can provide counselling and support

Expert assistance in dealing with the implications of HIV test results is available at a number of different service providers. These include:

Contact details of the above service providers are available in the telephone directory, or from the investigating officer.

If, after reading this notice, there is anything you do not understand, ask the investigating officer, one of the service providers cited above or the Department of Correctional Services' Social Worker for assistance.