The position of the Australian Competition and Consumer Commission on an application by the Investment and Financial Services Association for authorisation for some restriction on the use of genetic testing for life insurance purposes has been misunderstood, ACCC Chairman, Professor Allan Fels, said today.
"The ACCC has to decide if the public benefit of the proposal outweighs the anti-competitive effect", he said.
"Prior to issuing the draft determination, the ACCC received submissions from four groups with expertise in the area of genetic testing: the Australian Medical Association; the Australian Health Ethics Committee; the Human Genetic Society of Australasia; and the Commonwealth Department of Health and Aged Care.
"All, at that time, said the scheme had no public benefit. The AMA has apparently changed its mind since then by proposing another arrangement.
"The ACCC considered these submissions and, as there were clear anti-competitive effects, and as it shared the view of the above groups that the scheme had little public benefit, in a draft decision proposed to reject the application.
"The decision is a draft one. The ACCC has since had a hearing and it will consider fresh information and proposals – as the process of authorisation provides – before issuing its final decision.
"The ACCC notes the Attorney-General and Minister of Health and Aged Care referral of issues about genetic testing to the Australian Law Reform Commission and the Australian Health Ethics Committee of the National Health and Medical Research Council. It notes that legislation may be an appropriate solution to some of the issues raised in recent public discussion".