Description of Conduct
On 3 April 2020 the Victorian Department of Health and Human Services (the DHHS), on behalf of the State of Victoria, applied for authorisation on behalf of itself, specified owners of private healthcare facilities, and public hospitals and healthcare facilities (the Applicants). The DHHS is seeking authorisation to discuss, enter and give effect to contracts, arrangements or understandings which have the broad purpose of maximising healthcare capacity and ensuring the State-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 DHHS seeks authorisation for 12 months from the date of the ACCC’s final determination.
On 7 April 2020, the ACCC granted interim authorisation, subject to conditions which require the DHHS 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 10 June 2020, the DHHS amended the application for authorisation to provide for the formation of Cluster Groups. These groups will plan for, and if necessary, coordinate responses to COVID-19 outbreaks in particular geographic regions of Victoria.
On 17 June 2020 the ACCC revoked the conditional interim authorisation granted on 7 April 2020 and granted a replacement interim authorisation to incorporate the conduct as set out in the now amended application. The 17 June 2020 interim authorisation maintains the same conditions as required under the interim authorisation granted on 7 April 2020.
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 DHHS 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.
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3 April 2020 |
Lodgement of application and supporting submission, including request for interim authorisation. |
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7 April 2020 |
Interim decision. |
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7 April 2020 |
Public consultation process begins. |
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8 May 2020 |
Closing date for submissions on the substantive application for authorisation from interested parties. |
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10 June 2020 |
Applicant lodges amended application and request to vary interim authorisation. |
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17 June 2020 |
Revocation of conditional interim decision granted on 7 April 2020 and new interim authorisation granted. |
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9 July 2020 |
Draft determination. |
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July 2020 |
Public consultation on draft determination including any conference if called. |
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13 August 2020 |
Final Determination. |
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4 September 2020 |
Authorisation comes into effect. |
Applicant(s)
- State of Victoria as represented by the Department of Health and Human Services