Treatment Services

To use the Freedom of Information (FOI) Act to see your files you will need to:

• write a letter to the FOI co-ordinator for the Area Health Service which has your files; or
• visit the FOI officer and tell her/him the information that is needed to make the application;
• generally pay $30.00 for each request, unless you receive a benefit which reduces the fee to $15.00;
• pay a processing fee if there are lengthy investigations.

A decision may be made to give the information to a doctor of your choice rather than directly to you.

All health services staff are legally and ethically obliged to keep information on your health confidential. Sometimes this information will need to be talked about with other staff to make sure you get the best of care.

Only health services staff who are authorised can have access to information on your health.

Some government organisations may be legally allowed to access information about you such as births and deaths, drink-driving, notice of diseases which are infectious and other public health matters.

Please ask to see a copy of the Information Privacy Code of Practice for more information about protecting privacy.

If you believe information about you or a relative has not been kept confidential you can complain to the Chief Executive Officer of your local Area Health Service.

The NSW Privacy Committee can also investigate complaints about privacy. It can be contacted at:

Privacy Committee
GPO Box 6
Sydney NSW 2001
Phone: (02) 9228 8199

More info: Privacy

Before you receive treatment, health services staff must obtain your consent for the treatment.

In the case of some treatments, such as surgery, written consent must be obtained. For other types of treatment, verbal consent is sufficient.

• In an emergency or where the law says you must have treatment, your consent does not have to be obtained.
• Before you give your consent to treatment, health services staff will clearly explain the proposed treatment, significant risks of the treatment and alternatives to the proposed treatment. This will be explained in a way that you can understand.
• You will be given enough time to ask questions about the treatment that is being suggested to you, the risks and other choices of treatment. You will also be given enough time to talk about it with your family or friends.
• Interpreter services will be arranged if you need them.
• Sometimes your partner (spouse or defacto), a close relative, a carer or friend may be asked to give consent on your behalf, for example, if you are too sick. If no such people are available, a legally appointed decision maker can be arranged under the Guardianship Act 1987.
• Consent for treatment for children must be given by a parent or legal guardian if the child is under the age of 14 years. In general, consent from a parent or legal guardian is usually asked for if a child is 14 years or over, unless the child objects.
• A person over 16 years of age can consent to treatment.

You are fully entitled to ask for a second opinion to be given about your treatment or diagnosis.

The hospital will assist you to obtain a second medical opinion, subject to the nature of your illness, your location and the availability of an alternative medical practitioner.

Under Medicare, Australian residents (except those who are receiving treatment in an insurance matter involving either an injury at work or in a car accident) will receive:

Charges may apply for some hospital services, regardless of whether you are a public or private patient. For example, personal expenses such as TV hire and outpatient services, such as prescription drugs, surgical supplies, aids and appliances and home modifications.

If you are unsure about whether you have to pay for a particular service, you should ask the staff caring for you.

If you are not an Australian resident, you should ask your doctor or the hospital staff about costs for any health care.

You can choose if you want to be treated in hospital as a private or public patient.

• You will be told what the difference is between being a private patient and a public patient, and what you will have to pay if you choose to be a private patient.
• You should also ask your health fund for information on costs you will need to pay if you choose to be a private patient.

You will be encouraged to take part in planning your health care. The staff from the hospital or community health centre will discuss your health needs and your health care with you. They will discuss your continuing health care with you before you are discharged from a health service.

When you are admitted to a public hospital, you will be asked to fill in a Patient Election form. On the form you need to write whether you want to be treated as a public patient or a private patient.

If you choose to be a public patient you will get the following services free of charge:

• accommodation in the hospital
• nursing care
• the procedures and treatment which you were admitted for and performed by the doctor allocated to you
• medicines prescribed for you
• diagnostic tests which are needed to support your treatment
• treatment or services for your condition from hospital social workers, occupational therapists, physiotherapists, dietitians or other hospital health workers; and
• follow-up treatment, as a hospital outpatient or in the community.

If you choose to be a private patient the same services will be available to you as for a public patient.

People normally choose to be a private patient when they have private health insurance.

• You can choose care from a medical specialist of your choice, from among those appointed to the hospital. You should ask her or him what the costs will be.
• If your private health insurance does not meet all of the costs, you will have to pay the difference.
• If you do not have private health insurance and choose to be a private patient, you must pay any amount charged by your doctor over the scheduled fee as set by Medicare.

You and your health fund will have to pay for:

• accommodation in the hospital
• nursing care
• diagnostic tests
• surgically implanted prostheses
• doctors of your choice - payments may be made partly by Medicare (75% of scheduled fee), partly by your private health insurance if you have it (25% of scheduled fee) and partly by yourself (any costs over what your private health insurance will pay)
• some aids and appliances
• follow-up treatment by your chosen medical specialist when you leave hospital (85% of the scheduled fee is covered by Medicare).

If you choose to be a private patient it does not mean that you will get a private room. Private rooms are given on the basis of clinical need in public hospitals.

• your local Mental Health Service
• Mental Health Advocacy Service (02) 9745 4277
• Mental Health Co-ordinating Council (02) 9555 8388

We welcome your opinion about the care or the service you receive in a hospital or community health centre. This may be in the form of a compliment or a complaint.

• It is important for you to say what you think about the services you receive, especially if you were not happy with them, so services can be improved.
• You can make a complaint or a compliment verbally or in writing. Any complaint will be taken seriously and acted upon.
• Hospital and community health centre staff want to respond quickly to any problems you may have with the service.
• You can ask to see a member of staff such as the ethnic health worker, Aboriginal health worker, a manager or others to make your complaint.
• Your complaint will be treated confidentially and will only be discussed with people who need to be told about it.
• You can expect to be informed about the progress and outcome of your complaint.

If you are not happy with how your complaint is managed you can visit, phone or write to the Area Health Service. If you are still not happy with how your complaint is managed you can contact the NSW Health Department by writing or phoning:

The Director-General, NSW Health Department
LMB 961, North Sydney, 2059
Phone (02) 9391-9000

The Health Care Complaints Commission is independent from the public health system. It was set up to look at people's complaints about health services.

A complaint may be investigated by the Commission, referred to another body or person for investigation, referred for conciliation with the complainants permission or referred to the Director General of Health.

Write to or phone:

The Health Care Complaints Commission
Locked Bag 18, Strawberry Hills, 2012
Phone (02)9219-7444 or toll free 1800 043 159

To make sure you get the best health care:

• give your health worker as much information as you can about your health
• tell your health worker if you are being treated for the same problem by someone else
• let your health worker know about any changes to your condition and any reactions you are having or have had to treatment
• tell your health worker if you are already on medication or are using any alcohol, tobacco or other drugs - remember to give accurate information
• follow the directions you are given by your health worker for treatment, such as taking medication that is prescribed for you, or let your health worker know if you are not going to follow this
• ask questions and consult with other health workers you are seeing and your relatives before making a decision about your health care
• make sure that your level of private health insurance cover is sufficient to cover costs if you want to be treated as a private patient.