About healthcare rights

What are healthcare rights?

The Australian Charter of Healthcare Rights explains the 7 key rights for people receiving health care in Australia. You have a right to:

• access health care services and treatment
• receive safe care
• be treated with respect
• take part in decision-making
• receive clear information
• have your privacy protected
• give feedback.

Your healthcare rights

Everyone has certain rights and responsibilities when accessing health care in Australia. Knowing your rights helps you better understand your care and be more involved in decisions about your health.

The Australian Charter of Healthcare Rights describes your rights when using health services. Below is a summary of the 7 rights included in the charter and how they may contribute to the quality of health care you receive. As well as the Australian Charter of Healthcare Rights, the private patients’ hospital charter sets out the rights and responsibilities of private patients in public and private hospitals and day procedure centres.

Access

You have a right to access health services and treatments that meet your needs. If you have a current Medicare card and are treated in a public hospital as a public patient, you have a right to access care at little or no cost.

Safety

You have a right to receive high-quality, evidence-based care in an environment that is safe. If you are worried that something has been overlooked, talk with your healthcare provider and ask for a clinical review. This means that your condition and the treatment you are receiving is checked. If needed, you should get instructions about how to safely care for yourself at home.

Privacy

You have a right to privacy when you receive health care. Your personal and health information must be kept private, secure and confidential (except in limited circumstances). This includes discussions with healthcare providers, and your written and online medical records.

Respect

You have a right to be treated as an individual, and with dignity and respect. You also have a right to have your culture, identity, beliefs and choices recognised and respected. 

Information

You have a right to receive clear information about your health and the possible benefits and risks of different tests and treatments, so you can give informed consent. You have the right to receive information about the costs of tests and treatments and wait times. You can ask questions if you need more information. If English is not your first language, you can request interpreter services, which may be free. If something goes wrong, you should be told about it and what is being done to fix it. You have the right to get a second opinion and to have access to your own health information.

Partnership

You have a right to ask questions and make decisions about your treatment and care in partnership with your healthcare team. For example, you have the right to accept or refuse any treatment you are offered, and to decide whether to take part in any clinical trials offered to you. You have the right to include family members and carers in your decisionmaking and meetings with doctors if you wish.

Give feedback

You have a right to give feedback or make a complaint, and for any concerns to be dealt with fairly and in a timely way.

Why are rights important?

Knowing your rights helps you understand what to expect and how to take an active role in your care. You have the right to ask questions and get the information and support you need.

Person-centred care means your care is based on what matters to you. This includes your needs, preferences and values, and the needs of your family and carers. It helps your healthcare team understand your goals and include you in decisions. Making joint decisions about your treatment and care can lead to better results.

If you don’t feel comfortable speaking up, a support person may be able to assist you or call Cancer Connect on 13 11 20 for more information.

Guides to Best Cancer Care

Find an overview of what to expect at every stage of your cancer care. These are short guides to what is recommended, from diagnosis to treatment and beyond.

How are healthcare rights protected?

Everyone who works in a health service must respect healthcare rights. This helps make care safe, high-quality and person-centred.

Some rights are protected by law. These laws cover unfair treatment (discrimination), medical care, professional behaviour, and privacy. Health professionals and healthcare services must follow these laws. Other healthcare rights describe what you can reasonably expect from your care, for example, getting a second opinion.

I wasn’t happy with the treatment recommended by the first specialist my GP referred me to, so I asked for a second opinion.

Vivien

Is discrimination unlawful?

Yes. In Australia, laws protect you from discrimination. Health services can’t treat you unfairly because of who you are. This includes your age, disability, race, sex, intersex variations, gender identity or sexual orientation. See LGBTQI+ People and Cancer for specific challenges some people may face.

Rights of carers

A carer is someone who provides unpaid care and support to a person who needs this help because of an illness or disability. Knowing your rights as a carer can help you communicate with the treatment team.

As a carer, one of your key roles is to help the person you care for talk with their healthcare team and make decisions about their care. The person needs to give written consent to allow you to do this, and this consent should be included in their medical record. You may also need to speak on behalf of the patient. It is your right to take on this advocacy role if that is what the person you care for would like.

If you feel you have been discriminated against or treated unfairly because of your caring responsibilities, you may have the right to make a complaint to the Australian Human Rights Commission, the human rights, equal opportunity or anti-discrimination agency in your state or territory or the Fair Work Commission.

For more about being a carer, listen to Cancer Council's podcast episode Cancer Affects the Carer Too.

Workplace issues

Telling your workplace that you have cancer is your choice and you may choose not to tell your workplace about your diagnosis. However, it can be helpful to talk to your employer if you can’t work or you need some changes to help you continue doing your job or return to work.

You must tell your workplace if your health affects safety or your ability to do your job.

You may be concerned about your leave entitlements, or about being discriminated against, your working hours being changed, or being let go from your job. Some of these issues are dealt with differently depending on your industry and the state or territory you live in. You may need to get specific advice from an employment lawyer who specialises in employment matters.

Some people leave work or stop working soon after they are diagnosed with cancer. If you are thinking of resigning, take your time and perhaps talk to a social worker or counsellor about your concerns.

You may also find it helpful to speak with a financial counsellor to discuss how stopping work could affect your financial situation. To talk to a financial counsellor, phone the National Debt Helpline on 1800 007 007.

Learn more about Cancer, work and You.

At the time of diagnosis, I was working as an office manager, but afterwards we reassessed our life. I changed jobs and we moved house. I now work in aged care, which I love.

Jodie