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Can my doctor refuse to see me?
Distrust in doctors and the medical system is on the rise in Australia, driven in no small part by social media, wellness influencers and mainstream media.
Recent discussions have led me to reflect on this and to seek legal advice, which was a timely reminder for me, and all doctors, new and seasoned.
In medical school and beyond, the emphasis is so strongly on the rights of our patients and their care, that we were never really taught about the importance of mutual respect and our own boundaries being upheld also, without which a successful therapeutic relationship, which is based on mutual trust, cannot be established.
So. Can your doctor refuse to see you in Australia?
Short answer? Yes.
In fact, the HCCC advises in their factsheet that “At times, people reach out to the HCCC to complain that it was their right to see a doctor. However, doctors who have their own practices have the freedom to make decisions about how they run their business. This includes choosing their patients, setting the practice’s operating hours and determining the fees they charge.”
The longer, more detailed version is here. Here’s what the NSW Health Care Complaints Commission (HCCC) factsheet explains regarding whether a doctor can refuse to see a patient:
Can a doctor refuse to see you?
Yes — in non-emergency situations.
If your condition is not life-threatening, a doctor or other health practitioner may decline to see you.
Common reasons include:
- No available appointments or taking on new patients could degrade care for existing ones.
- The practitioner lacks the appropriate expertise.
- There has been a breakdown in the professional relationship or they believe boundaries might be compromised. hccc.nsw.gov.au
But in emergencies:
A doctor must see you if your life is in danger or you’re in urgent need of medical treatment. In such cases, alert the doctor or receptionist immediately. hccc.nsw.gov.au+1
Ethical and legal considerations
Doctors with their own practices have the autonomy to:
- Choose which patients they see,
- Set practice hours,
- Determine fees. hccc.nsw.gov.au
However, refusing to see a patient must not be based on discriminatory grounds—that is, factors such as race, religion, gender, sexual orientation, or disability are not acceptable reasons for refusal. If you believe the refusal is discriminatory, you may lodge a complaint with the Anti-Discrimination Board NSW. hccc.nsw.gov.au
What you can do if a practitioner refuses to see you
- Ask for their reasoning and whether they can refer or direct you to someone else who can help.
- If you suspect discrimination, you can contact the Anti-Discrimination Board NSW.
- If you feel your rights have been compromised, you can make a formal complaint to the HCCC. The Commission may offer support and resolution services. hearmeout.org.auhccc.nsw.gov.au
- Alternatively, depending on your state, similar bodies—like the Health Complaints Commissioner in Victoria—offer analogous services for complaints management. hcc.vic.gov.au+1.
Summary Table
Situation
Can the doctor refuse?
Notes
Life-threatening emergency
No
Doctor must see you immediately if you’re at risk of dying
Non-emergency but lack of capacity
Yes
e.g., no appointments, outside their expertise, or relationship issues
Discriminatory refusal (e.g., race)
No
You may lodge a complaint with Anti-Discrimination Board
Want to object to a request or procedure
Yes (within limits)
Doctors can refuse to provide specific treatments (& prescriptions) if ethically or legally conflicted
In summary
- In emergencies, doctors must see you.
- In non-emergencies, they can refuse based on non-discriminatory professional reasons.
- Discriminatory refusals are not permitted and can be challenged.
- The HCCC provides a pathway to resolve such disputes and support patients in NSW.
While we’d all hope to avoid these situations, it is important to realise that a longterm therapeutic relationship with your doctor is built on mutual trust and respect.
Just as we strive at Skin Essentials to fulfil and exceed our duty of care and obligations to you if you are a patient, so we expect that you will fulfil your part as a patient.
What does that look like?
- Respecting and valuing the time slot/ appointments you commit to; rescheduling and cancelling appointments a week or less significantly impacts our ability to fill those slots at short notice.
- Showing to your appointments on time, or a few minutes early, allowing for traffic, parking and weather to avoid disruptions to everyone after you.
- Requesting a longer appointment if needed so you don’t feel rushed.
- Communicating clearly with us including attending for reviews to address concerns.
- Undertaking the suggested treatments as advised for best outcomes and results if you decide to begin.
At Skin Essentials, we strive to be clear and kind about how we operate, including our expectations of our patients. Failure to adhere to policies and terms may indicate that we are not the right clinic for you, so we like to be clear and upfront about this to avoid disappointment.
