Dr Kerryn Phelps, AMA President
PHELPS: The AMA enthusiastically welcomes the announcement of this Inquiry into the Trade Practices Act and the ACCC for rural doctors. I think this is a big win for country doctors and for country communities who find their health system is under threat because of the implications of trade practices and other pressures, including medical indemnity.
JOURNALIST: What sort of impact is the Trade Practices Act having?
PHELPS: The Trade Practices Act is being applied in a very tight type of definition to rural areas and we're finding that this is not allowing country practitioners the flexibility to be able to do what they would traditionally like to be able to do in terms of cooperating on rosters. Now, if you're talking about a small group of country doctors who are working together for a community, they have to be able to talk about their rosters, they have to be able to talk about the conditions in their local hospital. The Trade Practices Act, as it's currently being administered, is impeding that and we want to be able to see some flexibility, we want to see this inquiry look at the impediments to rural practice and to overcome those, if necessary, with changes to the legislation.
JOURNALIST: Because, of course, some doctors have been charged with collusion by the ACCC, haven't they?
PHELPS: The ACCC is in the process of charging some doctors with collusion over a weekend roster situation, and that's where some doctors are using a 'no gap' system and some are not, and they have to be able to tell their patients what the other doctors are charging in case they're…
PHELPS: The Commissioners have already been appointed and they have been announced today and we fully support the Government's choice of Commissioners.
JOURNALIST: And terms of reference?
PHELPS: The Government consulted extensively with the AMA on the terms of reference and we're very happy with them. We believe that they will actually come up with the answers that this whole situation requires.
JOURNALIST: Are you confident that will happen?
PHELPS: We believe that this Inquiry will uncover the problems that have been created by the Trade Practices Act and the way it's being applied by the ACCC, and we hope that it will lead to a much more commonsense approach and that it will lead to, perhaps, some changes in the Trade Practices Act so that it makes sense for medical practice.
JOURNALIST: In the meantime, those cases of prosecution, do you think they should be put on hold or abandoned?
PHELPS: I think that those cases should definitely be put on hold while this Inquiry is underway, because if there is a prosecution, the doctors are up for fines of up to $500,000 each, and this would be a ridiculous situation if there is an impending change to the legislation or a change to the way the Act is applied.
JOURNALIST: Given the fact that it's difficult enough to get doctors to go to rural areas, how much more difficult is the Trade Practices Act making it?
PHELPS: It's difficult enough to recruit doctors to country areas. We're finding it also difficult to retain doctors in rural areas for a variety of reasons. Now, the added pressures of competition policy and the way it's being applied and issues like medical indemnity are adding to the pressures and making it more difficult to retain doctors in those areas.
JOURNALIST: Just on something else, you might have seen the items in today's press about the waiting list situation in New South Wales emergency hospitals. The Opposition is producing documents saying that it's well below the standards. All the money that's supposedly been pumped in by the State Government, are we still seeing major problems in emergency departments of New South Wales hospitals?
PHELPS: There is a chronic under funding problem in the public hospitals right around the country. It is not isolated to New South Wales or to any one State or Territory. I think one of the things we'd like to see from any future government, with the election coming up, is a commitment to looking at what we ought to be spending on public hospitals, making sure that the responsibilities of the Commonwealth and the States are well defined and ensuring that the governments and the respective departments of health fulfil their obligations. We also need to see national standards for our public hospitals, which is something we don't have at the moment.
JOURNALIST: How long have you been asking for this Inquiry?
PHELPS: Since February this year. Thank you