File photo An HIV positive Australian man has been awarded nearly $40,000 in compensation after being refused full services by a company which treats men with erection problems. AMI Australia Holdings Pty Ltd trading as Advanced Medical Institute also was directed by the Equal Opportunity Division of the Administrative Decisions Tribunal to fully refund the man his treatment payment. The man sought treatment at AMI for erectile dysfunction and was assessed at its Bondi Junction office in Sydney in December 2008. He told a nurse and doctor of his medical conditions and medical regime and paid for an eight-month programme. The man was given a vial of injectable gel, but was soon after told he was not suitable to have any further injectable treatment due to his HIV status. He initially was told this resulted from "a recent change in legislation" and was only given a partial refund. "There is no dispute that this refusal of the provision of services amounted to less favourable treatment on the ground of (his) disability, than someone without (his) disability would have received," the tribunal said. The AMI claimed it was justified as it was protecting public health because of the possibility of the spread of an infectious disease. The tribunal noted none of AMI's witnesses had any specific expertise in the treatment of HIV/AIDS. The company's chief executive said the general consensus with the other doctors was not to prescribe injectables for men who were HIV-positive. The man's treatment specialist told the tribunal there is no significant risk to public health if the person with HIV pays meticulous attention to hygiene and uses condoms. The tribunal concluded the refusal to provide the man with penile injection therapy treatment was not necessary to protect public health. It was satisfied the man was not highly infectious, adding he was an "intelligent and responsible person".
Credit: GayNZ.com Daily News staff
First published: Wednesday, 8th December 2010 - 10:28am