Under the Australian Charter of Healthcare Rights [1] everyone has the right to: 

• Access 

• Safety 

• Respect 

• Partnership 

• Information 

• Privacy and confidentiality 

• Give feedback 

Under the Commonwealth Sex Discrimination Act 1984, it is against the law for health professionals, hospitals and treatment centres to discriminate against our communities because of sexual orientation, gender or intersex status. Discrimination against same-sex couples is also unlawful. While legislation across Australia varies, in NSW, under the Anti-Discrimination Act 1977 it is against the law for health professionals, hospitals and treatment centres to discriminate against LGBT people. 

As the Cancer Council note, examples of unlawful discrimination in the health care setting include:

• refusing to provide you with care because you are LGBTQI+

• providing you with a lesser standard of care because of your sexual orientation, gender or sex characteristics

• making offensive comments, jokes or negative remarks about LGBTQI+ people

• not acknowledging your same-sex partner/s as next of kin

• using incorrect names and pronouns on purpose.

Macmillian share [2]: “Whether you are out or not. Your team should treat all information about you confidentially. They may only share information with other healthcare professionals when it is needed for your care. If you are not out in all areas of your life, explain this to your team. They should not share your sexual orientation or trans status without your permission.” 

Under the Australian Commission on Safety and Quality in Health Care there are standards on the level of care consumers can expect from health service organisations [3]. One of the standards is Partnering with Consumers [4]. In this standard health services must partner with consumers in their own care, as well as in planning, design, delivery, measurement and evaluation.

Under the Australian Charter of Healthcare Rights [1] you have a right to give feedback and have your concerns addressed in a transparent and timely way. It can be hard to make a complaint, especially when you’re unwell. You might be worried about the quality of your care after making a complaint. Or, you might not feel up to making a complaint. 

All hospitals and health services should have a procedure for patients to provide feedback and complaints. 

If you’re considering making a complaint try to: 

• Make notes. List dates and names of people who saw the behaviour. This will help you remember what happened so you can explain it later.

• Think and talk about what you would like to happen. 
  

If you can, have someone support you (this might be a friend or family member, an advocate or social worker within a hospital or health service).  

If you need advice before making a complaint, or, the hospital or health service aren’t responding in a way you’re happy with you can also contact: 

• The Australian Human Rights Commission (call 1300 656 4190), Anti-Discrimination New South Wales (call 1800 670 812) or your state or territory equal opportunity or anti-discrimination agency to lodge a complaint. 

• Justice Connect [website] Melbourne office call +61 3 8636 4400  Sydney office call  +61 2 8599 2100

• For people who live in NSW, the Inner City Legal Centre (call 9332 1966) provides a statewide legal advice service for LGBTQI+ communities, as well as a trans and gender diverse legal service.

• A lawyer for specific advice about your situation. Cancer Council 13 11 20 may be able to refer you to a lawyer for legal advice (which may be free if you can’t pay).

As well as the rights explained above, you have the right to: 

• a second opinion  

• ask for more information from health providers

• ask for information to be explained in a way that’s more accessible for you 

• ask for accommodations if you have a disability (for example, recording information given by health providers)  

• you might choose not to complain, it’s your choice 

• decline receiving a treatment that’s recommended to you