Australian Medical Association (NSW) Limited

On 30 August 2021, the Australian Medical Association (NSW) Limited (AMA NSW) lodged with the Australian Competition and Consumer Commission (the ACCC) an application to revoke authorisation AA1000511 and substitute authorisation AA1000569 for the one revoked (re-authorisation) under subsection 91C(1) of the Competition and Consumer Act 2010 (Cth).

The AMA NSW sought re-authorisation for itself and participating Visiting Medical Officers (VMOs) to collectively negotiate with Private Hospital Operators regarding the terms and conditions (including remuneration) for VMOs engaged to provide medical services to public patients in the New South Wales (NSW) private hospital system in responding to the COVID-19 pandemic (the Pandemic) (the Proposed Conduct). The current Private Hospital Operators are Ramsay Health Care Australia Pty Limited, Healthscope Operations Pty Limited, Healthe Care Australia Pty Limited, Adventist Healthcare Limited, St Vincent’s Health Australia Limited and other private hospitals and day surgeries licensed in NSW.

The AMA NSW also requested urgent interim authorisation to enable itself and VMOs to continue to engage in the conduct under AMA NSW’s previous authorisation AA1000511 (replicating the current application for the Proposed Conduct) while the ACCC is considering the substantive application for re-authorisation. AMA NSW’s current authorisation expires on 30 September 2021.

On 23 September 2021, the ACCC issued a draft determination proposing to grant re-authorisation, and granted interim authorisation as sought by AMA NSW. A copy of the draft determination and interim authorisation decision is available below.

On 22 November 2021, the ACCC issued a determination granting authorisation to AMA NSW and participating VMOs to engage in the Proposed Conduct until 30 November 2022.