Description of Conduct

The NSW Department of Health (NSW Health) lodged two applications for authorisation in relation to its policy regarding the provision of pathology services to private inpatients in public hospitals.

The Tribunal granted conditional authorisation to the NSW Department of Health requiring private inpatients in public hospitals to obtain pathology services from public pathologists.

Authorisation is subject to the condition that public health organisations allow VMO's in the treatment of private in-patients to refer pathology tests to, or to seek second opinions from, private pathology laboratories where the treating doctor considers it is in the best interests of the patient and, unless impractical for medical reasons, obtains an acknolwedgment in writing from the patient that he or she will pay any out of pocket expenses connected with the test or second opinion.

Applicant(s)

  • New South Wales Department of Health

Authorisation number(s)

  • A90754
  • A90755