Twist after sex worker gave client HIV

Clayton Palmer was convicted in the Western Australia District Court in 2018 of one count of grievous bodily harm in relation to having sex with a client.

The man was infected with HIV in the encounter despite Ms Palmer knowing she was HIV positive.

Ms Palmer was at the time sentenced to six years’ imprisonment which was reduced to four years on appeal.

She had been an Australian resident since 2006 but her visa was subject to mandatory cancellation because of having a criminal record.

Ms Palmer was deported eventually from Australia to New Zealand after a decision from the Minister to cancel her visa.

Lawyers for Ms Palmer from the HIV/Aids Legal Centre fronted the Federal Court in Sydney on Tuesday in a bid to overturn the decision.

Ms Palmer’s counsel Bora Kaplan argued that she had difficulty coming to terms with her diagnosis at the time of offending but was on medication which reduced her chances of infecting a partner.

“The evidence before the (immigration) minister was quite clear in my respectful submission, and it was the Ms Palmer had consistently taken her medication since 2016,” Mr Kaplan said.

“Importantly, even during those times that she had relapsed into illicit drug use, and there was nothing to suggest that there was a risk that she would stop taking that medication going forward.

“The evidence established that HIV cannot be transmitted from A to B, if A has an undetectable viral load as Palmer did.”

However, Mr Kaplan did admit that Ms Palmer’s initial reaction to being diagnosed was one of denial.

“The only reason is not to be defended by the respondent is the second of those reasons that I identified in paragraph 30,” he said.

“That is that prior to commencing treatment, Ms Palmer was in denial about her diagnosis took drugs and was reckless in her approach to her own sexual health and that of her sexual partners.”

Ms Palmer previously told a tribunal she wanted to stay in Australia and maintain her connections to communities including people with HIV, transgender people and sex workers.

The hearing has been adjourned.

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