Are Online Doctors Legal in Australia? A Guide by MediCompare

Telehealth Access Under Medicare

Since March 2020, telehealth services across Australia have been expanded – initially due to the COVID-19 pandemic – and in early 2022, these changes were further legally expanded to ensure patients living in flood-affected areas could get access to medical care over the phone [1]. So, the short answer is: Yes, online doctors are legal and also in certain conditions are covered by Medicare in Australia.

You will want to make sure you are aware of privacy, data protection, and legal disclaimers for services where this is not the case.

Here are some of the most important things to bear in mind when choosing a telehealth provider for your first online doctor’s consultation:

Medicare Cover and Out-of-Pocket Costs
Registration and Accreditation
Privacy and Data Protection
Potential Risks and Limitations

Medicare Cover and Out-of-Pocket Costs

Online consultations with a registered GP are only covered by Medicare, if you have been to the same general practice in person in the last 12 months. The government has made additional funds available to support these services, meaning extended coverage for longer GP consultations and some more specialized services, like specialists, midwives, nurses and more [2] is also available.

Tip: Check if your doctor’s practice offers video consultations, as these are best practice where possible.

There are multiple telehealth providers who offer consultations with allied health care professionals or so-called AHPRA partner doctors. These could now also be covered by the Medicare scheme but you would have to have seen the consulting doctor face-to-face in the last 12 months. In reality, this means using a general telehealth provider is NOT covered by Medicare, even if the doctors may be highly skilled.

Registration and Accreditation

In Australia, all health practitioners have to be registered with the Australian Health Practitioner Regulation Agency (AHPRA) to be able to offer consultations, whether online or in person [3]. This is the professional body that oversees accreditation, regulation and complaints. All registered practitioners have to have trained and qualified to meet the National Boards’ high standards; meaning they are definitely legitimate and safe to see in person or online.

Tip: You can look up medical practitioners on the AHPRA’s website [3].

The caveat is that not all AHPRA registered practitioners have trained and specialised in General Practice. That’s right, working as a GP requires specialised training. So, if you book an online consultation with a doctor or an allied health professional you’re guaranteed that they have been registered to practice in Australia and have met Australian qualification standards, in Australia but may not the kind of training and knowledge that you’d expect from your GP. GPs in Australia have to be registered with the Royal Australian College of General Practitioners (RACGP).

Privacy and Data Protection

There are several aspects of protecting your privacy and data during telehealth consultations. Overall, the data of Australians using online doctors is well-regulated and safeguarded. This is in part due to the Privacy Act 1988 and the Australian Privacy Principles (APPs), both of which govern how your data can be collected, used, stored and shared with others. In essence, this ensures your data is handled securely and confidentially. It can also only be used for specific purposes [5].

If you are using telehealth services that are part of Medicare, your data in the My Health Record system is further protected by the Australian Digital Health Agency, offering another layer of protection.

The two caveats here are:

How secure is the data at your doctor’s practice – but this should have the same level of safety as your in-person visits.
How trustworthy is the telehealth provider you are using (if outside of Medicare)?

Tip: Read the T&Cs carefully and uncheck any boxes that allow the provider to share your information for marketing purposes, collect additional user data or the like. Any legitimate telehealth service should make their privacy and data protection policy available online – and easy to find.

Potential Risks and Limitations

While standard Medicare-covered telehealth consultations are subject to the same regulations as a visit to your local GP, they lack the depth an in-person clinical assessment can give. This is one of the reasons why Medicare requires a face-to-face assessment every 12 months [6]. In rare cases, an underlying condition may be missed. Due to Australia’s geography, there are health clinics available in rural and remote areas but, of course, appointments can be sparse and in high demand.

It is worth checking whether your telehealth doctor can refer you to a specialist and book you in for further tests or imaging, if necessary.

Tip: A good non-Medicare telehealth doctor should ask you to get a physical exam at your nearest local clinic or A&E if in doubt about your diagnosis, if you don’t improve in a reasonable time, or if your condition worsens.

Recommendations for Patients:

Check whether the telehealth service is covered by Medicare.
Are they offering consultations with allied health practitioners or GPs?
Can they prescribe, refer or order additional tests?
What is the follow-up procedure?
Do they clearly state their privacy and data protection policy online?
If in doubt about any of the above, check out the practitioner on the AHPRA website.

Are Online Doctors Legal in Australia? Everything You Need to Know

Telehealth Access Under Medicare

Medicare Cover and Out-of-Pocket Costs

Registration and Accreditation

Privacy and Data Protection

Potential Risks and Limitations

Disclaimer

References