NO.078

HEALTH SERVICES ADVISORY COMMITTEE

The Treasurer today announced the membership of the Health Services Advisory

Committee. The Committee is to be chaired by The Hon. Tim Fischer, and

will consist of representatives from the Australian Competition &

Consumer Commission (ACCC), the medical profession and consumers.

The other members of the Committee are:

• Mr Sitesh Bhojani, ACCC;

• Dr Kerryn Phelps, Australian Medical Association;

• Dr Ken Mackey, Rural Doctors Association of Australia;

• Dr David Thompson, Royal Australian College of General Practitioners;

• Mr Chris Field, Australian Consumers’ Association;

• Ms Lesley Fitzpatrick, National Rural Health Alliance;

• Professor Ian Wronski, Australian College of Rural and Remote

  Medicine;

• Dr Vlad Matic, Australian Divisions of General Practice; and

• Mr Alan Limbury, Trade Practices Barrister and Solicitor.

The Committee’s Charter is attached. Broadly, the Committee has been

established to act as a medium of consultation between the ACCC, doctors,

other relevant health professionals and health consumers to achieve a

better understanding of, and compliance with, the Trade Practices

Act 1974 (the Act). It is to perform an advisory role for doctors

and other relevant health professionals in matters relating to the application

of the Act, and will provide advice to the ACCC on the environment in

which doctors and other health professionals operate.

Though the Committee provides a consultative forum, its role is limited

to advice and dissemination of information. The Committee is not an investigative

body, or a source of advice to the ACCC on matters under investigation

(or in litigation) or specific applications for authorisation or notification.

The Committee will report regularly to the Treasurer on the issues considered

and the outcomes of its work.

The ACCC will provide Secretariat services to the Committee.

Background

On 10 November 2002, the Prime Minister announced the release of the

Review of the Impact of Part IV of the Trade Practices Act 1974 on

Australia (the Wilkinson Review). The Wilkinson Review recommended

the establishment of a Health Services Advisory Committee. In the 2003-04

Budget, the Government announced funding of $2.3 million over three

years to the ACCC to implement the Government’s response to the Wilkinson

Review, including to provide administrative support to the Committee.

CANBERRA

5 September 2003

Contact: David Alexander  02 6277 7340

HEALTH SERVICES ADVISORY COMMITTEE – CHARTER

Mission

The Health Services Advisory Committee (HSAC) is established to act as

a medium of consultation and liaison between the ACCC, doctors, relevant

health professionals and health consumers to aid in achieving a better

understanding of, and compliance with, the Trade Practices Act 1974.

It is to perform an advisory role for doctors and other relevant health

professionals in matters relating to the application of the Trade

Practices Act 1974. The HSAC will also provide advice to the ACCC

on the environment in which doctors and other health professionals operate.

Structure

The HSAC is a part-time body established within the framework of the

ACCC, though separate from day-to-day administrative and policy processes.

Meetings will occur on a quarterly basis, with additional consultations

where necessitated by emerging issues (for example, in relation to the

publication of ACCC materials pertaining to the medical sector).

The HSAC membership is comprised of an independent chairperson (The Hon.

Tim Fischer), an ACCC Commissioner (Mr Sitesh Bhojani), and representatives

of the medical profession (including rural practitioners) and consumers.

The other members of the Committee are:

• Dr Kerryn Phelps, Australian Medical Association

• Dr Ken Mackey, Rural Doctors Association of Australia

• Dr David Thompson, Royal Australian College of General Practitioners

• Mr Chris Field, Australian Consumers’ Association

• Ms Lesley Fitzpatrick, National Rural Health Alliance

• Professor Ian Wronski, Australian College of Rural and Remote

  Medicine

• Dr Vlad Matic, Australian Divisions of General Practice Ltd

• Mr Alan Limbury, Trade Practices Barrister and Solicitor

The Treasurer may appoint other HSAC members, and HSAC may invite additional

representatives from the health sector to participate on an ad hoc basis,

where required.

Functions

The HSAC is to provide a liaison forum for the ACCC and health professionals,

and will support the implementation of the Wilkinson report recommendations,

in particular:

• the ACCC continuing to ensure that it is widely understood that

  genuine rosters do not breach the Trade Practices Act 1974

  (recommendation 1);

• the ACCC and medical profession contributing to a constructive

  dialogue and working collaboratively to support rural doctors and

  rural communities in relation to the application of the Trade

  Practices Act 1974, and the ACCC taking steps to enhance its

  formal and informal relationship with the medical profession (recommendation

  4);

• the ACCC and the HSAC facilitating consultation and the exchange

  of clear and concise information between the ACCC and medical professionals,

  and providing expert advice to the ACCC about health services provision

  and professional issues relevant to the proper and effective administration

  of the Trade Practices Act 1974 (recommendation 7);

• the ACCC in consultation with the HSAC working more actively to

  raise the awareness of the authorisation process and available

  authorisation options among doctors, relevant professional bodies

  and organisations (recommendation 10);

• the ACCC and the HSAC working to increase understanding of the

  authorisation process by increased liaison and publication of explanatory

  materials (recommendation 11); and

• discussing and disseminating concise, accurate and timely information

  on Trade Practices Act 1974 matters relevant to doctors,

  consumers and other health professionals (recommendation 14

  ).

Though the HSAC provides a consultative forum, its role is limited to

advice and dissemination of information. The HSAC is not an investigative

body, nor a source of advice to the ACCC on matters under investigation

(or in litigation) or specific applications for authorisation or notification.

The HSAC, through the independent chairperson, will report regularly

to the Treasurer on the issues considered and the outcomes of its work.

Future Review

The HSAC’s operation will be considered as part of the broader review of the

implementation of the Wilkinson Committee recommendations, which is to be completed

by the end of 2005. The review will be independent of the ACCC.