What are my healthcare rights?

Healthcare rights make sure all people in Australia can get safe, high-quality healthcare. This includes patients and carers.

Australians’ healthcare rights are set out in the Australian Charter of Healthcare Rights. These rights apply to any healthcare you receive. The healthcare can be given anywhere in Australia. This includes care in:

• public and private hospitals
• general practice
• the community

Watch this video about your healthcare rights. The video is made by the Australian Commission on Safety and Quality in Health Care. You can watch it in Auslan sign language if you have a hearing impairment.

The 7 basic healthcare rights

The 7 basic healthcare rights are:

1. access
2. safety
3. respect
4. partnership
5. information
6. privacy
7. give feedback

Access

You have a right to get the healthcare services that you need. You have a right to any treatment that you need.

Safety

You have a right to get safe and high-quality healthcare. This healthcare must meet national standards.

You have the right to be cared for in a safe environment. You have the right to feel safe when getting treatment.

Respect

You have a right to be treated as an individual. You have a right to be treated with dignity and respect.

Your culture, identity, beliefs and choices must be recognised. They must be respected.

Partnership

You have a right to ask questions. You have a right to be part of open and honest discussion. You can make decisions with your healthcare provider. You can make your own choices if you are able and want to.

You can include other people in planning and making decisions about you. You can choose who these people are.

Information

You have a right to get clear information about your health issues. You have a right to be told about the possible benefits and risks of different tests and treatments. This information should help you decide what you want to happen.

When you agree to have something done, it should happen only if you are given all the information you need. This is called ‘informed consent’.

You can get information about services, waiting times and costs. You can be given help so you understand and can use the health information. You also have the right to have a look at your own health information and records.

You must be told if something has gone wrong during your healthcare. You must be told how it happened. You must also be told how it may affect you. You must also be told what is being done to make your care safe.

Privacy

You have a right to have your personal privacy respected. This includes keeping information about you and your health safe and confidential.

Give feedback

You have a right to give feedback. You can make a complaint without it affecting how you are treated. Your concerns should be listened to.

Answers should be given to you clearly and in a timely way. You have the right to share what has happened to you. You are allowed to comment and help to improve health services.

Medicare in Australia

Medicare lets you to get free or cheaper healthcare in hospital. You can also get free or cheaper healthcare from general practitioners (GPs) and specialists. You are able to get free treatment and stay as a public patient in a public hospital.

You are also able to get cheaper medicines. This happens through the Pharmaceutical Benefits Scheme (PBS).

To find out if you are eligible, go to the Services Australia website.

Why should I know my healthcare rights?

The best health outcomes happen when people all work together. This means patients, families and healthcare providers. Knowing your rights means you can help the health system to help you. For example, a doctor may not see that you do not understand what is happening unless you tell them.

You can use your rights to ask questions. This can help you to understand what is happening. It can help you get the care that suits you best.

Australia is a nation of different people. There are many cultures and ways of life. Healthcare rights make sure everyone is given respect and dignity in the healthcare system.

How do I make a healthcare complaint?

If you feel your rights have been denied, you can make a complaint. If you think you did not get the best care, you can make a complaint.

It is a good idea to speak to the health professional first. You can speak to them yourself. You can choose to have someone speak on your behalf. This can be a family member, carer or guardian.

You can also choose to speak to another health professional at the same healthcare setting.

If you are not satisfied with what happens, you can make a formal complaint. Below are places to go to make a health complaint in your state or territory:

• Australian Capital Territory: Health Services Commissioner (via the ACT Human Rights Commission) — call (02) 6205 2222.
• New South Wales: Health Care Complaints Commission — call 1800 043 159.
• Northern Territory: Health and Community Services Complaints Commission (HCSCC) — call 1800 004 474.
• Queensland: Office of the Health Ombudsman — call 133 646.
• South Australia: Health and Community Services Complaints Commissioner (HCSCC) — call 1800 232 007.
• Tasmania: Health Complaints Commissioner — call 1800 001 170.
• Victoria: Health Complaints Commissioner — call 1300 582 113, or the Mental Health and Wellbeing Commissioner — call 1800 246 054.
• Western Australia: Health and Disability Services Complaints Office (HaDSCO) — call (08) 6551 7600 or 1800 813 583.

You can make complaints about aged care services to the Aged Care Complaints Commissioner. The phone number is 1800 951 822.

If you are concerned about the behaviour of a health practitioner, you should contact the Australian Health Practitioner Regulation Agency (AHPRA). You may feel the health practitioner is behaving in a way that is a risk to you. You may feel there is a risk to other patients or to members of the public.

What is advocacy?

Sometimes people cannot stand up for their own healthcare rights. In these cases, another person can do it for them. This is called advocacy.

Advocacy can protect your rights. It makes sure you are not discriminated against. Sometimes advocacy involves groups of people working to fix problems in the healthcare system.

If you are caring for someone whose healthcare rights have been denied, you can talk directly to the healthcare provider. You can also follow the steps above to make a complaint.

People with disability have a right to advocacy under the National Disability Advocacy Program. This gives an advocate to people who cannot make a complaint themselves. It can help people who do not have friends or family to help them. The program can also help people work their way through the healthcare system. It can help with the National Disability Insurance Scheme.

Resources and support

Read Understanding My Healthcare Rights, written by the Australian Commission on Safety and Quality in Health Care. There is a summary booklet for consumers.

My Aged Care advocacy services offers support to work out what’s best for your situation.

You can find out about advocates for children and young people with disability at Children and Young People with Disability Australia (CYDA).

Caring for cognitive impairment can be helpful for people with cognitive impairment and their carers, families and support people. It includes information in other languages.

Carer Gateway offers emotional and practical services for carers.

The Healthcare Complaints Commission has information in languages other than English.

You can also call the healthdirect helpline on 1800 022 222 (known as NURSE-ON-CALL in Victoria). A registered nurse is available to speak with 24 hours a day, 7 days a week.