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Rights & Responsibilities

Australian Charter of Healthcare Rights

The Australian Charter of Healthcare Rights describes the rights that you, or someone you care for, can expect when receiving health care.

These rights apply to all people in all places where health care is provided in Australia. This includes public and private hospitals, day procedure services, general practice and other community health services.

The first edition of the Australia Charter of Healthcare Rights was endorsed by health ministers in 2008. The second edition was launched in August 2019.

Burnside Hospital supports the Australian Charter of Healthcare Rights.

My Responsibilities

To help us to provide you with the best possible care, you have the responsibility to:

  • know and disclose your medical history including medications taken
  • keep appointments or advise those concerned if you are unable to do so
  • inform the doctor if you are receiving treatment from another health professional
  • follow instructions regarding your treatment and care
  • pay for any services and products received as a private patient (unless private health insurance, or third party payers covers them)
  • treat all people you meet in the health service (staff, volunteers, patients, their families) with care, dignity and consideration
  • respect the confidentiality and privacy of others

What are my rights?

This video provides an overview of the second edition of the Australian Charter of Healthcare Rights which describes what you or someone you care for, can expect when receiving health care in Australia.
 


The second edition of the Australian Charter of Healthcare Rights outlines seven fundamental rights. For more information about your health care rights, ask your doctor or healthcare service or visit safetyandquality.gov.au.

As a patient, you have the right to:

Access

You have a right to access healthcare services and treatment that meets your needs.

Medicare is Australia’s universal health care system which can help with the costs of seeing a doctor and getting medicines. Depending on your eligibility, this can include visiting your doctor, undergoing medical tests or scans and accessing public hospital services.

In public hospitals, you can choose to be treated as either a public, or private patient. As a public patient, you will not be charged for the healthcare services you receive. If you choose to be treated as a private patient, you or your health insurer will be charged for some services.

You have a right to ask for full information about the costs of your treatment from your doctor, hospital and private health insurer before you decide whether or not you would like to go ahead with treatment.

Some healthcare services may not be available in all places at all times. This means that you may need to travel or wait to access the health care that you need.

Healthcare services should be accessible for people with different needs, including people with disabilities.

You can find more information about Medicare, including eligibility criteria and the services that are covered, by visiting humanservices.gov.au/Medicare.

Safety 

You have a right to receive safe and high quality health care that meets national standards.

This means that your care should be delivered with skill and competence by healthcare providers who are suitably qualified. Your health care and treatment should be based on evidence as well as your personal needs and preferences.

You have a right to be cared for in an environment that is safe and makes you feel safe.

This means that healthcare services should be free from threatening, violent or abuse behaviour, not just towards patients and consumers, but also healthcare staff. Healthcare services should be culturally safe and welcoming.

You should let healthcare staff know if you are concerned about your health condition, think that something has been missed in your care, or feel unsafe in any way.

Respect

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

You have a right to be treated fairly and without discrimination based on your age, gender, race, religious beliefs, disability or other personal characteristics.

Healthcare staff also have the right to be treated with dignity, respect, and without discrimination.

You have a right to have your culture, identity, beliefs and choices recognised and respected.

This includes your beliefs and choices about your health and treatment, and your preferences about aspects of your healthcare such as the gender of the person providing your care, the involvement of support people, or your dietary requirements while in hospital.

Healthcare providers should ask about your needs, listen to what is important to you and provide care that is respectful of your preferences.

Partnership

You have a right to ask questions and be involved in open and honest communication with your healthcare provider.

It is important to share information with your healthcare provider including your medical history, the names of any medicines you are taking, your treatment expectations and what matters to you.

You have a right to seek further information if there is something that you do not understand or are worried about.

You should let your healthcare provider know if you need someone with you when talking about your care, or if you need some help communicating.

You have a right to make decisions with your healthcare provider, to the extent that you choose and are able to.

You also have a right to be supported by a friend, family member or carer when making decisions about your health care. You can also choose not to be involved in decision-making, if that is what you prefer.

Your healthcare provider must obtain your informed consent before they treat you. To do this, your healthcare provider should explain the risks and benefits of the different treatment options available to you, and answer any questions you might have about these options. You have a right to accept or decline the treatment proposed by your doctor.

You have a right to appoint a substitute decision-maker to make medical decisions for you in the event that you aren’t able to make these decisions yourself.

Information

Your healthcare provider should talk to you about your health care in a way that is easy for you to understand. They should explain the different options available to you, and talk to you about the possible benefits and risks of different tests and treatments so you can give your informed consent.

You have a right to receive information about different kinds of healthcare services, how long you may need to wait for treatment, and the likely associated costs.

You should be given time to think about the information you are given, and to make your decision without feeling pressured. Your healthcare provider may tell you which option they think would be best for you, but you can choose to accept or refuse the treatment offered.

You also have a right to obtain a second medical opinion from another healthcare provider or expert if you have concerns about the treatment options you have been offered.

You have a right to use a health interpreter, at no cost to you, if you have difficulty speaking or understanding English. Interpreters should be provided at important points during your care such as when discussing your medical history, treatments, diagnoses and when you are required to give informed consent.

You have a right to access your health information. Speak to your healthcare provider about the options available for accessing this information. It is important to let your healthcare provider know if any information is incorrect, incomplete or out of date.

You have a right to be told if something has gone wrong during your health care, this is called open disclosure. If something has gone wrong, your healthcare provider should provide you with an apology or expression of regret, explain what went wrong and how this may affect you, and assist you with any support you might need. You should also be informed about what is being done to make care safe in the future.

Privacy

You have a right to have your personal privacy respected. This includes respect for the privacy of your body, belongings, personal space and information.

You have a right to have information about you and your health kept secure and confidential.

You should expect that this information will be collected, recorded, used and discussed in a private environment and will be stored in accordance with the relevant laws about privacy.

Your healthcare provider, and others involved in your treatment and care, must keep your personal information confidential.

Sometimes your healthcare provider will need to share information about you with others involved in your care. They will only share information with someone not involved in your care with your permission, or if required to by law, such as in a medical emergency.

Give Feedback

You have a right to give feedback or make a complaint about your health care without it affecting the way that you are treated.

Your healthcare service should have a process for managing feedback provided by consumers. Often, the simplest way to have your concerns addressed is to contact your healthcare provider or service directly.

You have a right to have your concerns addressed in a transparent and timely way. If you are not satisfied with the response of your healthcare provider or service, you can contact the Health Care Complaints Commission or health department in your state or territory.

It is important that healthcare services receive feedback, so that care can be improved for you and for others. Healthcare services often involve consumers in activities to improve the quality of care and services they deliver. Speak to your healthcare service if you would like to get involved.

Where can I get further information?

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Any surgical or invasive procedure carries risks. Seek advice from an appropriately qualified health practitioner before proceeding with any procedure.
Any surgical or invasive procedure carries risks. Seek advice from an appropriately qualified health practitioner before proceeding with any procedure.