ACCC proposes to remove Surgeons' immunity for its training arrangements
The Australian Competition and Consumer Commission today issued a draft determination proposing to remove parts of the Royal Australasian College of Surgeons' authorisation* which relate to the College's training program.
College functions relating to the accreditation of hospitals, hospital posts and assessment of overseas-trained surgeons will remain protected under a substitute authorisation. Immunity for these aspects will expire in July 2007 and the college has advised the ACCC it does not intend to seek a further authorisation.
The draft determination follows a review** instigated by a request from health ministers in February 2006. The ACCC considered that a material change of circumstances had occurred since the authorisation was granted. The ACCC was satisfied that governments have increased their capacity for, and involvement in, health workforce planning since the college was granted authorisation in June 2003.
Therefore, on 1 September 2006 the ACCC issued a notice outlining a proposal to revoke and substitute the authorisation.
The ACCC remains concerned that the college's ability to restrict surgical training intakes increases the detriment flowing from its arrangements.
Since issuing the notice, the college has advised that it does not intend to seek authorisation beyond July 2007 and, with the introduction of the new Surgical Education & Training (SET) model, no longer requires authorisation for its current surgical training program.
Accordingly, the ACCC proposes to remove authorisation in relation to the selection, training and examination of surgical trainees and let the other aspects of the authorisation expire in July 2007. The effect of removing the authorisation will be to expose the College to the application of the Trade Practices Act in the event that the College restricts training intakes in an anti-competitive manner.
The ACCC will consult with interested parties before making a final decision to remove immunity for the college's training functions. Details on how to make a submission are contained in the draft determination which will be available at www.accc.gov.au***.
*Authorisation provides immunity from court action for conduct that might otherwise breach the competition provisions of the Trade Practices Act 1974. Authorisation is granted where the ACCC is satisfied that the practice delivers a net public benefit. In considering a request for authorisation the ACCC undertakes a comprehensive public consultation process.
On 30 June 2003, the ACCC granted authorisation A90765 to the College in relation to:
the selection, training and examining of basic and advanced surgical trainees (authorisation granted for six years until 22 July 2009);
the accreditation of hospitals for basic surgical training and hospital posts for advanced surgical training (authorisation granted for four years until 22 July 2007); and
the assessment of overseas trained surgeons (authorisation granted for four years until 22 July 2007).
**The ACCC may review an authorisation if there has been a material change of circumstances since authorisation was granted.
***A copy of the determination will be available by following the Authorising anti-competitiveconduct and Authorisations links on the ACCC's website.
