ACCC receives submission from Royal Australasian College of Surgeons in support of application for authorisation

The Australian Competition and Consumer Commission has now received a submission from the Royal Australasian College of Surgeons in support of the College's application for authorisation of its processes in selecting, training and examining surgeons in all specialities in which it conducts training, its role in accrediting hospital posts and its processes for assessing the qualifications of overseas trained doctors.

RACS applied for authorisation in November last year. At that time RACS told the ACCC it expected to provide a full submission in support of its application by March 2001.

"The ACCC is pleased to receive RACS' submission in support of its application", ACCC Chairman, Professor Allan Fels, said today.

"The ACCC has long held concerns that RACS' procedures and conduct may constitute a breach of some of the competition provisions of the Trade Practices Act 1974. RACS must show there is a public benefit arising from the conduct sufficient to outweigh any detriment caused by the lessening of competition. Having now received RACS submission in support of its application the ACCC will be testing these claims through a transparent process that involves seeking submissions from interested parties".

The RACS' application followed a long-running ACCC investigation into allegations that RACS' processes restrict entry to advanced medical and surgical training in breach of the Act. The ACCC's investigation concentrated on RACS' role in deciding how many trainees received advanced training in orthopaedic surgery and how it assesses overseas-trained specialists referred to RACS by the Australian Medical Council.

Authorisation provides exemption from legal action for conduct that might otherwise breach the Act. The ACCC can grant such exemptions only where it is satisfied that the detriment of the anti-competitive conduct in question is outweighed by accompanying public benefit.

To assist the ACCC's consideration of the application, submissions or comments will be sought from other interested parties. Whilst the ACCC will be consulting on a broad basis, should anyone wish to register their name and contact details to ensure they receive a copy of RACS' submission and details of how they can make submissions to the ACCC, they should contact the General Manager, Adjudication Branch, ACCC on (02) 6243 1226.

*The RACS conducts advanced surgical training in the following specialities: cardiothoracic surgery, general surgery, neurosurgery, orthopaedic surgery, paediatric surgery, plastic and reconstructive surgery, otolaryngology - head and neck surgery, vascular surgery and urology.