It's time for A Patient Bill of Rights for WA

People Living with HIV/AIDS WA 05 January 2026 Hits: 50

A Patient Bill of Rights: Advocating for Statutory Protection in WA Healthcare

Watch: "It's Time for a Patient Bill of Rights: Advocating for Statutory Protection in WA Healthcare" on Youtube.

At People Living with HIV/AIDS WA (PLWHA WA), we advocate for a comprehensive Patient Bill of Rights in Western Australia—a statutory framework that ensures every individual receives compassionate, fair, and accountable healthcare. This bill would enshrine informed consent, protection from discrimination, and the right to reparations for harm, transforming voluntary complaints into binding, enforceable processes. Below, we outline the pressing need for this reform, the shortcomings of the current system, and why a statutory body is essential for true justice.

The Problem: Voluntary Complaints and Systemic Failures

In Western Australia, patients facing medical errors, negligence, or discrimination rely on voluntary complaints mechanisms, such as those overseen by health service providers or the Health and Disability Services Complaints Office (HaDSCO) and the Health Consumer's Council of WA (@hconcwa on X.com). While intended to resolve issues amicably, these systems fall short in several critical ways:

Non-Binding Outcomes: Resolutions are often informal agreements without legal force. Providers can disregard recommendations, leading to repeated harm and no real accountability.
Lack of Enforcement and Record-Keeping: Without mandatory reporting or binding enforcement, outcomes depend on goodwill. If agreements aren't documented or upheld, patients have no recourse, and systemic issues go unaddressed.
Bias from Long-Term Relationships: Complaints handlers may develop ongoing relationships with healthcare providers, prioritizing these over patient interests. This can result in minimized resolutions aimed at protecting reputations rather than delivering justice, effectively "making problems go away" without meaningful change.
Discrimination and Vulnerable Groups: For people living with HIV/AIDS and other marginalized communities, discrimination exacerbates harm. Voluntary systems rarely address underlying biases, leaving patients to endure ongoing mistreatment without protection.

Why a Statutory Patient Bill of Rights is Needed

A Patient Bill of Rights, backed by law, would create an independent statutory body with the authority to intervene decisively, ensuring patient safety and equity. Key features include:

Immediate Intervention: Upon receiving a complaint, the body could step in promptly to halt bullying, mistreatment, or negligence, preserving evidence and protecting vulnerable patients from further harm.
Binding Enforcement and Reparations: Outcomes would be legally enforceable, with mandatory reparations for harm—financial, emotional, or otherwise. Justice without reparations is not justice; this ensures patients aren't left to bear the long-term consequences alone.
Independence and Transparency: Free from provider influence, the body would prioritize patient rights, with public reporting to drive systemic improvements and prevent recurrence.
Evidence Protection: Unlike voluntary processes that may favor providers in collecting evidence, a statutory system would secure all relevant data early, empowering patients in any legal follow-up and reducing barriers to justice.
Accessibility for All: Simplified, cost-free processes would make it easier for patients to seek redress, without the prohibitive expense and complexity of the legal system.

This reform is crucial for People living with HIV/AIDS and Blood Borne Virus', who often face stigma and barriers in healthcare. By embedding human rights into law, we can foster a system where errors are met with accountability, and patients are treated with dignity.

Call to Action

People Living with HIV/AIDS WA (PLWHA WA) calls on the Western Australian government to enact a statutory Patient Bill of Rights. Join us in advocating for a healthcare system grounded in compassion, transparency, and true justice. Contact your representatives, share your stories, and support our efforts to protect patient rights.

Watch: "It's Time for a Patient Bill of Rights: Advocating for Statutory Protection in WA Healthcare" on Youtube.