Discrimination in the hospital

It is unlawful to discriminate against you in hospital or getting medical treatment because you have a characteristic that is protected by law.

Those protected characteristics are:

• age
• disability (including disease and illness)
• sex (including breastfeeding and pregnancy)
• race
• marital or domestic status
• homosexuality
• being transgender
• infectious diseases – there are some exceptions.

A doctor can’t discriminate against you for characteristics protected by Australian or NSW law.

There are some exceptions where discrimination is lawful. For example, it is not unlawful to discriminate against someone on the basis of the infectious disease if the discrimination is reasonably necessary to protect public health.

If you have been unlawfully discriminated against at hospital, you may be able to:

• complain to the hospital
• make a complaint to Anti-Discrimination NSW
• make a complaint to the Australian Human Rights Commission.

If you have experienced unlawful discrimination, you should get legal advice.

You have 12 months from when the discrimination occurred to make a complaint to Anti-Discrimination NSW.

You have 24 months to make a complaint to the Australian Human Rights Commission (AHRC) from when the discrimination occurred. 

If you have experienced unlawful discrimination at school, you should get legal advice.