ACCC hit on surgeons fails the common sense test
The AMA has written to the ACCC in support of an application by the Royal Australasian College of Surgeons (RACS) for authorisation from the ACCC for the College to be able continue with its core business of training surgeons.
The ACCC contends that 'RACS procedures and conduct may constitute a breach of some of the competition provisions of the Trade Practices Act 1974'.
AMA President, Dr Kerryn Phelps, today described the process being forced on RACS by the ACCC as unjust and costly and clearly failing the common sense test.
"The ACCC is forcing the College of Surgeons to get ACCC authorisation to train surgeons," Dr Phelps said.
"What next? Will Allan Fels be ordering the National Farmers' Federation to seek authorisation to represent farmers? Where is the common sense in all this?
"The College has been bullied into doing something it should not have to do, simply to avoid a costly court battle.
"It is clearly time for an independent inquiry into the unfettered activities of the ACCC in its application of the outdated and inflexible legislation that is the Trade Practices Act 1974," Dr Phelps said.
In its support for RACS, the AMA says that RACS traditional role and performance are correct and exemplary and should be maintained. The AMA believes that there are significant public benefits to be gained from the way RACS conducts its business, namely:
Public health and safety
Savings to the public purse of the pro-bono training services provided through the RACS training programs
Savings to the public purse of not training potentially excessive numbers of surgeons
Savings to the public purse from avoidance of costs associated with 'supplier induced demand'.
Dr Phelps said that, although RACS should not be in a position of seeking authorisation, the AMA totally supports the RACS application because it would allow public scrutiny of Allan Fels' folly with the Trade Practices Act.
CONTACT: John Flannery (02) 6270 5477 / (0419) 494 761