Know your healthcare rights

Your Healthcare Rights in Western Australia

TL;DR: In WA you have rights to access, safety, respect, partnership, information, privacy and feedback. If something goes wrong, you should receive open disclosure — an apology, explanation and next steps. You can access and correct your medical records. Mental health consumers, including people under involuntary treatment, have specific rights and independent advocacy support.

What are my healthcare rights?

Everyone receiving healthcare in Australia is protected by the Australian Charter of Healthcare Rights , which sets out seven key principles:

  • Access: Receive healthcare that meets your needs.
  • Safety: Safe, high-quality care that meets national standards.
  • Respect: Be treated with dignity, culture and beliefs respected.
  • Partnership: Be involved in decisions about your care.
  • Information: Clear, understandable information about your health and treatment options.
  • Privacy: Your personal and medical information is protected.
  • Feedback: You can compliment, raise concerns or make a complaint.

Learn more on Healthy WA – Patient rights and responsibilities.

What happens when things go wrong? (open disclosure)

What is open disclosure?

Open disclosure happens when something goes wrong with your care. You have the right to:

  • Receive an acknowledgement and an apology or expression of regret.
  • Get a clear explanation of what occurred and the possible consequences.
  • Ask questions and discuss how it will be managed and prevented in future.

See our full guide: Open Disclosure – When Things Go Wrong in Healthcare .

Do I have patient responsibilities?

What responsibilities do I have as a patient?

To help maintain safe, respectful care, WA Health asks that patients and families:

  • Provide accurate and complete health information.
  • Attend appointments or cancel with reasonable notice.
  • Discuss any concerns about your treatment plan.
  • Treat healthcare staff and other patients with respect.
  • Provide constructive feedback to help improve services.

How do I get my medical records? (or change them)

You can request your records from WA public health services through the Freedom of Information (FOI) process or directly from your healthcare provider.

You also have rights under the Privacy Act to access and correct your personal health information.

Our detailed guide: How to Access Your Medical Records .

What’s consent and guardianship?

If you can make your own healthcare decisions, you give consent directly. If you lose capacity, WA law provides a hierarchy of decision-makers and options such as an Enduring Power of Guardianship (EPG) or a guardian appointed by the State Administrative Tribunal (SAT).

For more information, visit the Office of the Public Advocate (OPA) to find guides and forms for EPG and guardianship.

What about mental health and involuntary treatment?

People receiving mental health care have rights to information, participation and communication.

Those under involuntary treatment have specific legal protections under the Mental Health Act 2014 (WA).

You can access independent advocacy through the Mental Health Advocacy Service (MHAS), or find resources at the Mental Health Commission.

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