Policy Reference No: PCHR-G2013

Effective Date: August 2013

Approved by:Institute Management Committee

Last Reviewed: August 2013

Policy CustodianClinical Services

1.PURPOSE

The Australian Charter of Healthcare Rights in Victoria describes the rights of patients and other people using the health system. Baker IDI clinical services are responsible for ensuring all patients, carers, consumers and health professionals engaged in accessing, receiving, consenting to and/or treating and delivering healthcare are made aware of their healthcare rights and that these healthcare rights are met.

The intention of these guidelines is that:

  • Staff understand the purpose of the Australian Charter of Healthcare Rights in Victoria for all people using and providing services at Baker IDI;
  • Staff communicate with consumers and explain the Charter in a way that the patient and/or carer can understand; and
  • Staff understand how to access the Charter in the most relevant format for the patient.

2.TARGET AUDIENCE

The Patient Charter of Healthcare Rights Guidelines are applicable for all staff engaging with patients, carers and consumers using the clinical services at Baker IDI.

The Guidelines should be read in conjunction with the Patients Come First Strategy Policy.

3.GUIDING PRINCIPLES

The guiding principles describe how the Charter applies to the Australian Healthcare system and include:

  • Everyone has the right to be able to access health care;
  • Everyone has the right to the highest possible standard of physical and mental health; and
  • People of different cultures and ways of life are acknowledged and respected.

4.AUSTRALIAN CHARTER OF HEALTHCARE RIGHTS IN VICTORIA

The Charter recognises that people receiving health care and people providing health care within the Victorian healthcare system all have important parts to play in achieving healthcare rights and that a genuine partnership between patients, carers, consumers and providers is important to achieve the best possible outcome for everyone. The seven health care rights are:

  • Access – patients have a right to health care;
  • Safety – patients have a right to safe and high quality health care; and
  • Respect – patients have a right to respect, dignity and consideration.
  • Communication – patients have a right to be informed about services, treatment, options and

costs in a clear and open way

  • Participation – patients have a right to be included in decisions and choices about their care
  • Privacy – patients have a right to privacy and confidentiality of their personal information
  • Comment – patients have a right to comment on their care and to have their concerns addressed

5.GUIDELINES

Informing the patient of their Rights

All patients and/or carers must be provided with a copy of the Australian Charter of Healthcare Rights in Victoria before a planned admission, referral or admission to a service at Baker IDI.

It is the responsibility of the service providing care to ensure the patient is given a copy of the Charter or at least informed of the existence and purpose of the Charter through the following processes:

  • Provided with a copy of the official Department of Health Australian Charter of Healthcare Rights in Victoria hard copy brochure
  • Referred to the summary of the Charter in the Patient Information Handbook
  • Directed to the Department of Health website at
  • Referred to the A4 poster of the Charter on display throughout the Baker IDI clinical facility

Accessing the Charter of Rights in alternative formats to meet the needs of all patients

If the patient or carer requires access to the Charter in a different format or a specific language to ensure they understand their healthcare rights, the following services are available:

  • Auslan via the National Relay Service 13 36 77 or email
  • At

-An audio file

-Braille

-25 community languages

-Easy English version

Patients requiring language services to enhance their understanding of their Healthcare Rights

  • For patients with English literacy issues, efforts should be made to relay the information contained in the Healthcare Charter verbally or by accessing the easy English version of the Charter.

The ordering process for the Charter of Rights

The Australian Charter of Healthcare Rights in Victoria can be ordered in the format that best meets the needs of individual patients through the following process:

  • Department of Health Australian Charter of Healthcare Rights in Victoria hard copy brochure

e-req catalogue number 2891


Patients at risk of not understanding their Healthcare Rights

Ensuring all patients and/or their carers are made aware of and understand their healthcare rights can be difficult because of the physical, emotional and cognitive issues associated with needing to access a health service.

The following conditions may potentially put patients at risk of not understanding their Healthcare Rights:

  • Acquired Brain Injury (ABI);

  • Aggression;
  • Anxiety;
  • Delirium;
  • Dementia and other cognition issues;
  • Intellectual disability;
  • Language deficits such as dysphasia;
  • Literacy;
  • Loss of consciousness;
  • NESB;
  • Pain;
  • Psychiatric illness; and
  • Other

Where required, referrals can be made to Occupational Therapy, Speech Pathology and other relevant services, to assess cognition and language skills, to determine if the patient is able to understand their healthcare rights.

Where possible, if the patient is at risk of not understanding their rights, every effort should be made to communicate the Charter to one of the following individuals on behalf of the patient:

  • Administrator;

  • Advocate;
  • Carer;
  • Family;
  • Guardian;
  • Key Liaison Person (KLP);
  • Power of Attorney; and
  • Other

Patient Charter of Healthcare Rights - Guidelines

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6.KEY RELATED DOCUMENTS

Complaints Guideline
Patients Come First Strategy Policy

REFERENCES

Baker IDI Complaints Guideline

Baker IDI Patients Come First Strategy Policy

Patient Charter of Healthcare Rights in Victoria

Charter of Human Rights and Responsibilities Act 2006 (Vic)1.

Department of Health (2006), Vic. ‘Doing it with us not for us: Participation Policy 2006-09.

Department of Health (2009), Vic. ‘Doing it with us not for us: Strategic direction 2010-13.

Age Discrimination Act 2004.

Australian Commission on Safety and Quality in Healthcare National Safety and Quality HealthService Standards, 2011. Sydney ACSQHC (

Commonwealth Disability Discrimination Act 1992.

Disability Act 2006.

Disability Discrimination Act 1992.

Mental Health Act 1986 256dde00056e7b/22338735ca429f00ca2577890007f5c7!OpenDocument

Multicultural Affairs Act 2004.

National Health and Medical Research Council (NHMRC) Using the NationalStatement: Ethical Review of Quality Improvement Activities in Health Services, 2012.

Racial Discrimination Act 1975.

Sex Discrimination Act 1984.

United Nations Convention on the Rights of People with Disabilities.

Victorian Equal Opportunity Act 1995.

KEYWORDS

Carer

Charter

Healthcare

Patient

Rights

Patient Charter of Healthcare Rights - Guidelines

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