I announce today that the Government will review the impact of Part IV of the Trade Practices Act 1974 (TPA) on the recruitment and retention of medical practitioners in rural and regional Australia. The Terms of Reference for the Review are attached.
The Review responds to concerns of the Australian Medical Association (AMA) and Rural Doctors Association of Australia (RDAA). The Government wishes to ensure the application of Part IV of the TPA (Anti-Competitive Practices) is not reducing the capacity of rural communities to recruit and retain medical practitioners.
The Government is also providing support for GP groups to submit applications to the ACCC for authorisation of issues such as rostering in country areas.
The Review is focused principally on general practitioners but may take into consideration specialist medical practitioners who work in rural and regional communities.
The Review will provide a suitable forum for the examination of the concerns that have been expressed by general practitioners in rural and regional communities about the operation of the TPA for some working arrangements. The Review will ensure that the relevant issues can be explored in an environment in which there is a climate of good will and in which the interests of rural and regional communities can be identified. The Review will recognise that, consistent with the competition principles and the TPA, restrictions on competition can occasionally be justified when there are offsetting public benefits. Overall, the conduct of the Review will reflect an intelligent and sensitive approach by the Government to a complex issue.
The Review Committee will comprise Warwick Wilkinson AM (Chairman), Dianna Gibbs and Dr John Aloizos. Brief CVs are attached.
The Committee will hold hearings for the purpose of the Review, including in rural and regional Australia and will report early next year.
29 August 2001
WARWICK WILKINSON AM
Mr Warwick Wilkinson has a long record of service to the professions in Australia. In 1995 he was appointed Chairman of the Professional Standards Council of NSW and in 1998 was appointed Chairman of the Professional Standards Council of Western Australia. Since 1989 Mr Wilkinson has been a lay member of the Disciplinary Committee (NSW) of the Certified Practising Accountants of Australia. He is an ACCC Associate Commissioner (part-time). In 1999-2000 he was Chairman of the Council of the National Competition Policy Review of Pharmacy. He was appointed inaugural Chairman of Ambulance Service Board of NSW 1990-95. In 1996 Mr Wilkinson was appointed Honorary Trustee and Member of NSW Advisory Committee of CEDA. Mr Wilkinson served in the Royal Australian Army Medical Corps from 1955 to 1990 part time/full time and retired with the rank of Colonel.
DIANA GIBBS
Ms Diana Gibbs is a consultant economist, with academic qualifications in economic and environmental studies. As well as being a partner in a mixed farming enterprise, Ms Gibbs consults with regional communities and industries to provide assistance with future development planning. She has been involved in the preparation of development strategies for the Riverina and Sunraysia regions, as well as for the towns of Dubbo and Leeton. Ms Gibbs has also worked with the timber industry across all Eastern States, and was particularly involved in the Regional Forest Agreement process, and the recent development of the NSW Softwoods Strategy. She is also a Director of Riverina Wool Growers, a grower-owned wool marketing group, and is currently Chair of the NSW Rural Communities Consultative Council. In 2000, MsGibbs received the RIRDC NSW Rural Womens' Award. She is also Chairman of the National Timber Development Council, and is a Director of the Forest and Wood Products R&D Corporation.
JOHN ALOIZOS
Dr John Aloizos was recently appointed Chairman of the Australian Pharmaceutical Advisory Council and has served as the Chairman of Australian General Practice Accreditation Ltd since March 1997. He currently serves on the RACGP National Preventative & Community Medicine Committee and is the immediate past Chairman of the Australian Divisions of General Practice (ADGP). Other current positions include Chairman, Technical Working Group of the Better Management Medication System Development Group and the General Practice Computing Group Management Committee. Dr Aloizos has been the ADGP nominee 1998-2000 and the Independent Ministerial nominee since November 2000 of the General Practice Advisory Council.
TERMS OF REFERENCE
Impact of Part IV of the Trade Practices Act 1974 on the recruitment and retention of Medical Practitioners in Rural and Regional Australia.
It is proposed to refer the impact of Part IV of the Trade Practices Act 1974 (TPA) on the recruitment and retention of medical practitioners in rural and regional Australia for review and report within six months of receipt of this reference. The Review is focused principally on general practitioners but may take into consideration specialist medical practitioners who work in rural and regional communities.
The Review Committee will hold hearings for the purpose of the Review, including in rural and regional Australia.
BACKGROUND
The Government is proceeding with this review in response to the concerns of the Australian Medical Association (AMA) and Rural Doctors Association of Australia (RDAA). The Government wishes to ensure the application of Part IV of the TPA (Anti-Competitive Practices) is not reducing the capacity of rural communities to recruit and retain medical practitioners.
In undertaking this Review, the Review Committee should consider that competition policy recognises that there can be circumstances in which restrictions on competition may be justified where there are offsetting public benefits.
SCOPE OF REVIEW
The Review Committee should assess the impact Part IV of the TPA, and related legislation and regulations of the Commonwealth, State, Territory and local governments, as they relate to the recruitment and retention of medical practitioners in rural areas.
In undertaking the Review, the Review Committee should have regard to the established economic, social and regional development objectives of Australian governments.
The Review Committee should specifically examine and report on:
(a) the impact of the TPA on the structure, competitiveness, sustainability and regulation of medical practitioners in regional and rural Australia;
(b) the economic and social impacts on rural medical practitioners, and the communities they serve, of the changes to market structure, competitiveness, sustainability and regulation of medical practice in recent years;
(c) public benefits, if any, from altering the application of the Trade Practices Act to rural medical practitioners;
(d) measures which could be taken to facilitate the flow of benefits (or to mitigate any transitional costs or negative impacts) arising from the application of the TPA to medical practitioners and residents of rural and regional Australia; and
(e) measures to create greater awareness of the TPA in the medical profession and the community.
29 August 2001