Since the permanent introduction of MBS telehealth items, Australians can access GP and specialist care online. But when you tick the consent box on a telehealth platform, you're agreeing to data handling, prescribing, and clinical practices that go beyond a traditional consultation. Telehealth providers rely on standard-form agreements that bundle clinical consent, privacy waivers, and platform terms. Understanding what you're agreeing to — especially around data, scripts, and follow-up care — is essential before you sign up.
What is a Patient Rights and Consent?
A telehealth service agreement is a contract between a patient and a telehealth platform or practitioner for the provision of remote clinical care. It is governed by the Health Practitioner Regulation National Law, the Privacy Act 1988 (including the Australian Privacy Principles), and, for Medicare items, MBS telehealth eligibility rules.
Red flags to watch for
Only AHPRA-registered health practitioners can deliver clinical care. Anonymous 'wellness coaches' delivering medical advice are a warning sign.
Under APP 6, health information can only be used for the purpose collected or a directly related purpose. A broad data licence is likely non-compliant.
Consent must be voluntary, informed, specific, and current. Bundling unrelated consents violates the APPs and OAIC guidance.
MBS rules require an 'existing clinical relationship' for many telehealth items. Patients should know before booking whether they'll actually receive a rebate.
The Medical Board of Australia's telehealth guidelines require practitioners to take a proper history before prescribing. Tick-box prescribing is a compliance red flag.
Patients must be able to escalate concerns to AHPRA or the state health complaints commissioner. A platform that channels complaints internally only is hiding exposure.
Your legal rights
The Privacy Act 1988 and APPs govern collection and handling of health information. The Health Practitioner Regulation National Law requires all practitioners to be AHPRA-registered and comply with the Medical Board of Australia's telehealth guidelines. Patients can complain to AHPRA, the OAIC (privacy), or their state health complaints body (e.g. HCCC in NSW). Medicare telehealth items have specific eligibility criteria published by Services Australia.
Questions to ask before you sign
- 1Is my treating practitioner AHPRA-registered, and in which specialty?
- 2Will my consultation qualify for a Medicare rebate, and what will my out-of-pocket cost be?
- 3Where is my health data stored, and who has access to it?
- 4What is your process if I need a referral, imaging, or pathology?
- 5How do I escalate a clinical concern or formal complaint?
- 6Can I get a copy of my consultation notes for my regular GP?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.