Having hepatitis does not mean that it's okay for people to treat you differently.

 This is for all parts of your life such as:

• keeping your privacy
• buying or renting goods or services
• using health care services
• applying for a job
• getting a promotion at work

In Australia there are laws that protect you from discrimination. If you think someone has treated you unfairly because you have hepatitis, you can get advice from:

• work-related organisations such as your workplace union
• a community legal centre
• the anti-discrimination agency in your state or territory
• the Office of the Australian Information Commissioner
• Fair Work Ombudsman or Fair Work Commission
• your local hepatitis organisation via the National Hepatitis Infoline 1800 437 222.

Sometimes it is legal to treat people with hepatitis B and C differently. You can find out more about these here:

Who do you have to tell?

Discrimination by healthcare staff

Each Australian state and territory has its own healthcare complaint laws and healthcare complaint commissions. You have a right to complain if someone does not treat you fairly. You can also complain if you are not happy with the service. This includes unfair treatment that might not be covered by anti discrimination law.

 This can be if someone:

• refuses you service
• does not treat you in a professional manner
• does not allow you to make informed choices, e.g. testing you for hepatitis without your permission
• does not give you good care, e.g. not telling you about your options
• speaks or acts in a way that is not appropriate, e.g. harasses you
• does not give you a correct or proper diagnosis, e.g. doesn't give you enough information about your medical condition
• stops you from looking at your healthcare record
• tells others about your health without reasonable grounds.

If someone from a healthcare service has not treated you fairly, you can call the healthcare complaints commission. You can find a list on the Australian Health Practitioner Regulation Agency (AHPRA) website.

People moving to Australia

The Department of Home Affairs can decide not to give you a visa because of your health. This is because of the Migration Act. The Department of Home Affairs will look at how much your health care will cost. For most people with hepatitis B or hepatitis C, this should not affect your visa.  If you have advanced liver disease or lots of other health issues, this may also affect your visa.  It is a good idea to get help from a migration agent or lawyer before you apply to live in Australia. Find out more about the 'immigration health requirement' here.

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References

Australian Charter of Healthcare Rights (second edition) - A4 Accessible. Australian Commission on Safety and Quality in Health Care.

What are your healthcare rights? Reach Out

Meeting our requirements: Health. Department of Home Affairs

Page updated 10 November 2022