Australia Rights Guide
Hospital Refused Emergency Treatment in Australia — Your Rights
Public hospitals in Australia must treat all emergency patients regardless of ability to pay. Medicare covers emergency treatment. Here is what to do if care is refused.
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Direct Answer
All Australian public hospitals must provide emergency treatment to anyone who needs it, regardless of Medicare status, citizenship, or ability to pay. This obligation exists under hospital funding agreements and state health legislation. Private hospitals must provide emergency stabilisation before transferring a patient. If you are refused, escalate immediately to the hospital's patient liaison or call the state health complaints body.
What the Law Says
Your Legal Foundation
National Health Reform Agreement 2020
Clause B6
“Public hospitals are required to provide emergency treatment to all persons who present requiring it, without preconditions of payment or insurance.”
Health Complaints Act 2016 (VIC)
Section 8
“Every person has the right to receive safe and high-quality health care services, including emergency treatment without arbitrary delay.”
Health Services Act 1997 (NSW)
Section 19
“Public hospitals are required to provide a minimum level of services including emergency and urgent care to persons who need them.”
Common Questions
Frequently Asked Questions
I am not an Australian citizen — can I get emergency care?
Public hospitals must provide emergency care to everyone regardless of visa or citizenship status. You may be billed if you are not covered by Medicare or a Reciprocal Health Care Agreement (RHCA — applies to many European and some other countries). Never let immigration concerns prevent you from seeking emergency care.
Can a private hospital turn me away in an emergency?
A private hospital must provide emergency first aid and stabilisation before transferring you to a public hospital. They cannot simply refuse to assist a person in a life-threatening emergency without providing any care.
I was given poor care in the emergency department — what can I do?
File a complaint with the hospital's Patient Liaison Officer and your state's health complaints body. For serious failures (preventable death or serious harm), the state health regulator (AHPRA for practitioners) can investigate and take disciplinary action.
I received a large hospital bill after emergency treatment — do I have to pay it?
If you are a Medicare eligible person treated in a public hospital, you should not be charged for the emergency treatment itself. For overseas visitors, bills may be large but are often negotiable. Contact the hospital billing office and your insurer or embassy.
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