PARLIAMENT has passed legislation giving authorised health workers and outreach teams legal protection to distribute and handle sterile needles and syringes under HIV harm-reduction programs – while making clear that the measure does not legalise illicit drugs.
Health Minister Dr Atonio Lalabalavu said the HIV/AIDS (Amendment) Bill 2026 provided the legal foundation for authorised harm-reduction programs aimed at preventing the spread of HIV.
“This Bill does not legalise illicit drugs,” he told Parliament during the debate yesterday.
“It does not authorise drug trafficking, drug supply, manufacture, cultivation, importation or exportation.”
Under the new framework, people acting within an authorised harm-reduction program would not be guilty of an offence merely because they possess, supply, distribute, collect, receive, transport or dispose of relevant harm-reduction materials.
“That person is not guilty of an offence under written law by reason only of that conduct.”
However, Dr Lalabalavu stressed that the protection was strictly limited to activities reasonably necessary for the establishment, operation or delivery of an authorised program.
“The protection created by this amendment is tied specifically to conduct undertaken within an authorised harm reduction program and only to the extent reasonably necessary for the establishment, operation or delivery of that program.”
The programs will include the distribution of sterile needles and syringes by peer outreach workers, who will also collect used equipment for safe disposal.
The legislation also provides for condoms and lubricant, HIV prevention medicines including PrEP and PEP, counselling, awareness materials and referrals to HIV treatment, rehabilitation and other health and social services.
Services can be delivered through sexual and reproductive health and HIV clinics, other Government clinics, NGOs and interested private pharmacies.
Dr Lalabalavu said the amendment was a targeted change to the HIV/AIDS Act 2011 and did not create a general exemption from criminal law.
“In other words, the Bill establishes a legal framework for a public health intervention. It does not establish a framework for unlawful drug activity.”
