The Age reports that Michael Neal, a 49 year old HIV positive man, is in court on allegations that he had unprotected sex at a gay sex venue without telling people he had the virus. The Victorian County Court heard that Neal of the Melbourne suburb of Coburg, was repeatedly advised by Victoria’s health authority of his obligation to practise safe sex and tell his partners of his HIV status.

Despite this, he admitted to Department of Human Resources (DHS) nurse Tom Carter in January 2003 he had been to a sex venue and not used protection. “Mr Neal had not disclosed his status to men at a sex venue. He had not used a condom,” Mr Carter said. “It was a concern to public health.”

The DHS opened a file on Neal in November 2001 when it was first notified about him. Mr Carter said when he first visited Neal in December 2002, Neal said he knew of his obligation to practise safe sex and tell his partners he was HIV positive. Mr Carter said he visited Neal several times to discuss allegations about him having unprotected sex.

But Neal told DHS he only ever had sexual contact with HIV positive people or people aware of his status. He later admitted he had been to a gay sex venue and not used protection.

The court heard in May 2003 that Victoria’s then chief health officer issued a warning letter to Neal accusing him of knowingly and recklessly spreading HIV. The letter recommended he undertake education and counselling. It also warned he may face further restrictions if his behaviour did not change. Mr Carter said Neal told him he understood the letter.

Mr Carter said each time he and his colleagues spoke to Neal they would reinforce the need for him to have safe sex. However on one occasion, in May 2003, Neal said when he had sex at gay “beats” he would ask his partners if they were aware of the implications of unsafe sex. But Mr Carter said he would stop short of telling them he had HIV.