Australian Capital Territory Private Healthcare COVID-19 arrangements

On 15 May 2020, the Australian Capital Territory (ACT) as represented by the ACT Health Directorate (the Directorate) applied for authorisation on behalf of itself and specified public hospitals and private hospitals and healthcare facilities in the ACT (the Participating Parties). Authorisation is sought for the Participating Parties to discuss, enter into and give effect to contracts, arrangements or understandings which have the broad purpose of maximising healthcare capacity and ensuring the Territory-wide coordination of healthcare services to facilitate the most efficient and effective allocation of healthcare during the period of the COVID-19 pandemic (the Proposed Conduct).

The Directorate seeks authorisation for 12 months from the date of the ACCC’s final determination.

On 19 May 2020, the ACCC granted interim authorisation, subject to conditions which require the Directorate to provide regular updates to the ACCC regarding the implementation of the Proposed Conduct, and notify the ACCC of any other private healthcare providers who are to engage in the Proposed Conduct.

On 9 July 2020, the ACCC issued a draft determination proposing to grant conditional authorisation until 30 September 2021.

On 13 August 2020, the ACCC granted conditional authorisation to the Directorate until 30 September 2021. The final determination document can be found below.

If no application for review of the determination is made to the Australian Competition Tribunal, the authorisation will come into force on 4 September 2020.

Further information on the application for authorisation and the ACCC’s decision is available through the link below.

An indicative timetable is set out below for your information.