New South Wales Private Healthcare COVID-19 arrangements

On 30 April 2020 the State of New South Wales as represented by the Ministry of Health (the Ministry) lodged an application for authorisation. The Ministry applied for authorisation to extend to itself and specified private healthcare operators, public health organisations, and the Australian Private Hospitals Association and Day Hospitals Australia (the Parties). Authorisation is sought for the Parties to negotiate, enter into and give effect to contracts, arrangements or understandings which have the broad purpose of maximising hospital capacity and ensuring the State-wide coordination of hospital and healthcare services in New South Wales to facilitate the most efficient and effective allocation of these resources and services during the period of the COVID-19 (the Proposed Conduct).

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

On 1 May 2020 the ACCC granted interim authorisation, subject to conditions which require the Ministry to provide regular updates to the ACCC regarding the implementation of the Proposed Conduct, and notify the ACCC of any other private healthcare providers that propose 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 Ministry 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.