Health

Privacy Of Your Health Information
Your health information should not be disclosed to any other party, including your de facto partner, without your consent. Heath information can be conveyed between doctors treating you, where the health information is expressly related to a treatment process that you are engaged in.

Sometimes a health care provider may be required to release your information. Examples of where this may occur are;

• reporting a notifiable disease (eg HIV) under the Health Act 1911;
  
• where it is in the public interest to do so.

If a breach of confidentiality has occurred you may choose to do one of the following;

• contact the Patient Representative (employed as an advocate for patients);
  
• make a complaint to the health care provider;
  
• make a complaint to the Office of Health Review;
  
• if a private or Commonwealth health service provider is involved complain to the Federal Privacy Commissioner. However, the Commissioner will require you to complain to the health service provider first. Complaints to the Commissioner must be made within 12 months of the breach;
  
• consult a lawyer as breach of confidence may provide a basis for legal action.

Involvement in health decision making when your de facto partner is hospitalised
Every patient has a right to confidentiality. It is usual, however, with the patient's consent, for partners to be informed about health care decisions for their de facto spouse in hospital.

If you believe that you are being excluded without good reason or your confidentiality has been breached you may choose to do one of the following;

• contact the Patient Representative
  
• make a complaint to the health care provider
  
• make a complaint to the Equal Opportunity Commission (See Discrimination section)

Your partner, as a patient, may also choose to make a complaint to the Office of Health Review.

Hospital Visiting
Restrictions on hospital visiting vary with the seriousness of the illness. Decisions about who can visit are a matter of hospital policy.

The approach varies from hospital to hospital and ward to ward. In practice, few hospital staff will deny access to a partner. If you are being denied access to your partner in a public hospital you can contact

• the Nurse Manager or
• the Patient Representative

Your partner may wish to complain to the Office of Health Review. Denying access may amount to unlawful discrimination (See Discrimination section).

Access To Your Health Information
State government health care providers
The health care provider may provide you with the information you want following a verbal or written request.
The Freedom of Information Act 1992 (WA) provides an avenue for obtaining your records from State Government agencies.

If you are unable to access the information you require by request you can complete a Freedom of Information application. This should be available from the service provider.

In some situations the Act permits information to be withheld. If you are refused information there is an appeal process. Contact the Freedom of Information Commissioner.

Private health service providers and Commonwealth agencies
The health care provider should provide you with access to your own health records.

The Federal Privacy Act 1988 provides that

• you should be able to have access to information held by private health providers about you on request. There may be exceptions to this. For example if it is believed that having the information would create a serious risk to your health.
  
• if you are refused access to your information you can complain to the service provider. If the issue is not resolved the Federal Privacy Commissioner can investigate the complaint if you notify them within 12 months of the refusal.

The Commonwealth Freedom of Information Act provides an avenue for accessing information from Commonwealth Government Agencies. Requests should be made in writing to the relevant Minister or Agency.

Consent To Medical Treatment
Any individual may consent or withhold consent to medical treatment. To be valid, consent must be given freely, and should be 'informed'. This means you must have a full understanding of what is being proposed. 'Informed consent' can only be given by someone who is capable of forming that understanding.
Consent may not be given or withheld on another person's behalf, including a de facto partner's behalf, unless a Guardian has been appointed.

For information about the appointment of Guardians contact the Office of the Public Advocate.

Next Of Kin
A person is free to decide who they wish to be their next of kin for the purposes of health care services. The next of kin must be respected as such by health care providers and involved in decision making as agreed by the patient.

A partner of any sex can be appointed as a next of kin. (see the Relationships section)

Discrimination
Sexual Orientation
It is unlawful to discriminate against someone on the basis of their sexual orientation when providing goods and services. This includes medical treatment and other health services.(See the Discrimination section)

HIV/AIDS
It is unlawful to discriminate against someone on the basis of their HIV status, in employment, education, accommodation, the provision of goods and services, clubs and their membership and sport. (See the Discrimination section)

Health Complaints Process
If you are unhappy with how you have been treated by a medical practitioner, a hospital or other health service provider, you can make a complaint to the Office of Health Review.