The Australian Competition and Consumer Commission has now formally received an application from the Royal Australasian College of Surgeons for authorisation of its processes to select the number of trainees for all specialities* in which it conducts training, and the process by which the qualifications of overseas trained doctors are assessed.
The application follows a long-running ACCC investigation into allegations that RACS' processes restrict entry to advanced medical and surgical training in breach of the Trade Practices Act 1974.
The ACCC investigation has 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.
"The ACCC welcomes RACS' decision to seek authorisation for its trainee selection and overseas trained doctors assessment procedures", 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 Act. RACS must show there is a public benefit arising from the conduct sufficient to outweigh any detriment caused by the lessening of competition. The ACCC will test these claims through a transparent process that involves seeking submissions from interested parties.
RACS has told the ACCC it will provide a full submission in support of its application by March 2001. After the RACS submission is received, 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 the relevant material 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, plastic and reconstructive surgery, otolaryngology – head and neck surgery, vascular surgery and urology.