A man who admitted having unsafe sex with his girlfriend but didn't tell her he was HIV-positive is facing new charges for having sex with a condom

Justin Dalley, 35, is now being charged with criminal nuisance for not disclosing his HIV status to a woman he slept with in May.

Dalley says the fresh charges are unfair because even though he didn't tell the woman he had HIV, he used a condom.

Dalley says he is "very upset" and said: "I'm looking at charges for having sex with somebody wearing a condom. I didn't think that was illegal."

Police tracked down the latest woman after Dalley admitted having unprotected sex with an ex-girlfriend. Dalley neglected to tell that woman he was HIV-positive and she is still waiting to see if she has contracted the disease.

But following her complaint, police traced other women Dalley met through an internet dating site where his code name was "absolute bliss." 

It was there he met the new complainant a woman in her 20s. She has tested negative and Dalley's fighting the charges.

When asked if he should have told the woman about his HIV status, Dalley said: "I don't believe I should have to tell her anything to do with medical conditions as long as I protected her health."

Police acknowledge Dalley's case pushes the boundaries of the law.

A police senior legal advisor Hamish Woods says when a person has protected sex, they will argue they have acted responsibly and posed no danger to their partner. "The question in this case is, do the steps remove the danger to a sufficient degree that they shouldn't face any criminal liability."

The Aids Foundation says the charges are surprising, and concerning, because evidence shows condoms are the best way to prevent HIV transmission.

Rachael Le Mesurier of the Aids Foundation says she finds it "extraordinary" that these sort of charges have been laid. "As far as we are aware, this is the first time these charges have been laid anywhere internationally, in developed or developing countries." 

Dalley's ex-girlfriend "Shannon" has been fighting for a law change so anyone with HIV has to disclose their status whether they practise safe sex or not. "I don't think anyone's got the right to decide to put someone else's life at risk and I think it's only fair that somebody should know all the details," she says.

Dalley will be sentenced in relation to Shannon's complaint on Monday. He will face court again in February to defend the new charges.