Legal issues for LGBTIQ+ people with breast cancer

LGBTIQ+ people have the same rights to safe and respectful healthcare as anyone else with cancer. It is important to know your rights in cancer care, and what to do in the case of discrimination.

Your rights as a LGBTIQ+ person

Everyone has the right to safe, high-quality and respectful health care. The Australian Charter of Healthcare Rights protects this.

You may be worried about discrimination or unfair treatment during your cancer care because you are LGBTIQ+. You may have faced hostility or discrimination in the past. The Sex Discrimination Act makes it illegal to discriminate against anyone because of sexual orientation, gender or intersex status. Your treating team should not use offensive language, exclude your partner/s or chosen family, or refuse to treat you. If you are trans or gender diverse, you should not be misgendered or deadnamed.

It is also illegal for your treating team to discriminate against you based on your cultural background, age, disability or HIV status.

The rights of LGBTIQ+ partners and carers

Involving your partner/s and support people in your care

You may want to involve partner/s or chosen family in your medical decision-making and discussions with your treating team. You have the same rights to have your partner/s and support people involved in your cancer care as a non-LGBTIQ+ person. If you are legally married or in a de facto relationship with a same-sex partner, your relationship has the same legal recognition and protection as a heterosexual relationship.

Your treating team should recognise your right to involve your partner/s and chosen support people in your care. You may also want to complete legal documentation to ensure that your relationships and support networks are recognised.

Involving your support people as medical decision makers

You may want to consider appointing a medical treatment decision maker, a person legally recognised to make healthcare decisions on your behalf. You could also appoint an enduring power of attorney, who can manage your finances. Having this documentation can be particularly helpful if your relationship is new, if you do not live together, or if the person you want to make decisions for you is not legally recognised as your partner or family member. 

Legal recognition of your chosen support people is important if you become unable to make your own medical decisions in the future. For more information read Palliative care for LGBTIQ+ people with breast cancer.

What can I do if I am discriminated against?

If you feel like a member of your treating team is discriminating against you, you have several options.

Making a complaint

You may want to speak directly to the person you are unhappy with or talk to another member of your treating team to make a complaint. You could have someone else speak to the treating team on your behalf, such as a partner, support person or a patient advocate. This can be an opportunity to express your concerns and say how you would like them addressed.

If you are not comfortable speaking directly to the treating team you may want to make a complaint to the health service. All hospitals and other health services should have a designated patient liaison or complaints officer whom you can contact about your experiences.

If you are not satisfied with the outcomes of your discussion with the treating team, patient liaison or complaints officer, you can lodge a formal complaint with your state/territory health complaints agency. You may also find it helpful to contact a healthcare consumer organisation or community legal centre for advice and support.

Changing your treating team

If you experience discrimination or feel a member of your treating team is mistreating you, you can ask for a referral to someone else. You can speak to someone you trust on your treating team such as your GP, a patient advocate, or your hospital’s patient liaison officer to see if you can find a LGBTIQ+ friendly alternative. See LGBTIQ+ friendly services

Changing your treating team may be harder if you live in a rural area, need specialist care or are being treated in the public health system.

Acknowledgements

These materials were developed from the Out with Cancer Study, conducted at Western Sydney University, and funded by the Australian Research Council. Thanks are offered to the Out with Cancer study committee members with lived experience of cancer, BCNA LGBTIQ+ consumer representatives, ACON and LGBTIQ+ Health Australia who contributed their time and expertise.

BCNA's LGBTIQ+ project was undertaken with support from Cancer Australia through their Supporting Women in Rural Areas Diagnosed with Breast Cancer program.

Resources

• Understanding My Healthcare Rights: A guide for consumers.
  This booklet, developed by the Australian Commission on Safety and Quality in Health Care, provides a guide to the healthcare rights patients can expect including: access, safety, respect, information and privacy.
• Genders, Bodies and Relationships Passport. The Genders, Bodies and Relationships Passport is a tool to support clear communication between intersex, trans and gender diverse people, and health and social care services. The passport provides important information about a person’s gender/s, body, and relationships in a single location. The Passport is designed to help people to get quality care and help organisations to achieve inclusive practice. 
• Your healthcare rights – Key contacts. This website page by the Australian Commission on Safety and Quality in Health Care provides the key contacts who may be able to advise or support you if you have a question about your healthcare rights.
• Legal Aid in Australia. Legal Aid offers free over the phone legal advice and means/merit tested legal assistance and representation. This service can be accessed by visiting the website.