Dealing with discrimination

Discrimination is when you’re treated unfairly because of a particular attribute. Many people worry about discrimination if they tell their health professionals they are LGBTIQA+.

Most health professionals try to provide respectful care, but discrimination can still happen. Discrimination can be deliberate or due to a lack of understanding. Sometimes explaining your needs can help.

It can also help to know your rights. You have the right to be treated fairly and with respect, and Australia has anti-discrimination laws to protect LGBTIQA+ people from discrimination in health care.

Is discrimination unlawful?

Under the Sex Discrimination Act 1984 (Commonwealth), it’s unlawful for health professionals, hospitals and treatment centres to discriminate against a person on several grounds, including that person’s sex, sexual orientation, gender identity, intersex status, or marital or relationship status. Most states and territories also have laws to protect people from discrimination in health care.

Examples of discrimination include:

• refusing to provide you with care because you are LGBTIQA+
• providing you with a lower standard of care because of your sexual orientation, gender identity or sex characteristics
• making offensive comments or jokes about LGBTIQA+ people
• not acknowledging your spouse or partner/s as emergency contacts
• using incorrect names and pronouns on purpose.

How to deal with discrimination

1. If you feel comfortable and safe doing so, raise the issue with the healthcare service. All hospitals and health services should have a procedure for patients to provide feedback and complaints. Check with the cancer care coordinator, social worker or nursing staff.
2. Make notes about the behaviour or incident. List dates and names of people who saw the behaviour. This will help you remember what happened.
3. Think about what you would like to happen to resolve the issue. A quick conversation may help to sort out any simple misunderstandings.
4. If your complaint is about a specific person and you don’t want to talk to them directly – or you have spoken to them and the issue remains unresolved – speak to the cancer care coordinator, nursing unit manager or social worker at the hospital or treatment centre.
5. Most complaints are resolved through meetings, mediation or conciliation. This is an informal way of agreeing on an outcome. If mediation or conciliation doesn’t help, you may have the option to go to an administrative tribunal in relation to a public health service or to court for a legal judgment that must be followed.
6. To lodge a complaint, contact the Australian Human Rights Commission (call 1300 656 419) or the discrimination agency in your state or territory. Check with these organisations or seek legal advice to work out which organisation is best for your situation before you lodge a complaint. 

If you wish to talk to a lawyer, Cancer Council may be able to refer you to a lawyer for legal advice (which may be free if you cannot afford to pay). Call Cancer Connect on 13 11 20 to find out if this service is available in your area.

Harassment and inappropriate behaviour

People may have different ideas about what is offensive or unacceptable behaviour. Just because the person did not mean to be offensive does not make it okay. For example, a nurse continuing to use your previous name (deadnaming) or the wrong pronoun after you have repeatedly corrected them, can be very distressing.

You have the right to complain if you feel that you’ve been intimidated, bullied or harassed by health professionals, other hospital staff or other patients, or if you experience hurt, humiliation or distress because of their actions, whether these were intentional or not.

Other types of complaints

Health complaints organisations

If you are unhappy about the ethical or professional conduct of a health practitioner, you can contact the health complaints organisation in your state or territory. Serious cases may be referred to the Australian Health Practitioner Regulation Agency (AHPRA).

Medical negligence

This section does not cover breaches of duty of care by health providers. If you are considering making a medical negligence claim, seek independent legal advice.

For more information, see Cancer care and your rights.