| 1) | No person may disclose the fact that a child is HIV-positive without consent given in terms of subsection (2 ), except— |
| a) | within the scope of that person’s powers and duties in terms of this Act or any other law; |
| b) | when necessary for the purpose of carrying out the provisions of this Act; |
| c) | for the purpose of legal proceedings; or |
| d) | in terms of an order of a court. |
| 2) | Consent to disclose the fact that a child is HIV-positive may be given by— |
| a) | the child, if the child is— |
| i) | 12 years of age or older; or |
| ii) | under the age of 12 years and is of sufficient maturity to understand the benefits, risks and social implications of such a disclosure; |
| b) | the parent or care-giver, if the child is under the age of 12 years and is not of sufficient maturity to understand the benefits, risks and social implications of such a disclosure; |
| c) | a designated child protection organisation arranging the placement of the child, if the child is under the age of 12 years and is not of sufficient maturity to understand the benefits, risks and social implications of such a disclosure; |
| d) | the superintendent or person in charge of a hospital, if— |
-the child is under the age of 12 years and is not of sufficient maturity to understand the benefits, risks and social implications of such a disclosure; and
| (ii) | the child has no parent or care-giver and there is no designated child protection organisation arranging the placement of the child; or |
| (i) | consent in terms of paragraph (a), (b), (c) or (d) is unreasonably withheld and disclosure is in the best interests of the child; or |
| (ii) | the child or the parent or care-giver of the child is incapable of giving consent. |
