Undertaking date
Undertaking type
s.87B undertaking
Reference number
D02/58400
Section
ss. 45(2)(a)(i), 45(2)(b)(i) & 80(1)(e)
Company or individual details
- Dr Mark Andrew Phillip Leyden
Undertaking
The matter concerned allegations that three Rockhampton obstetricians had entered into arrangements that none of them would provide private in-hospital obstetrics services on a "No-Gap" billing basis to their privately insured patients. The Commission alleged that this conduct amounted to a primary boycott in contravention of section 45/4D of the Act.
Dr Mark Andrew Phillip Leyden has given undertakings to the Commission to:
- reimburse to patients of Dr Khoo who were affected by the alleged conduct a proportion of the gap payments made by those patients to Dr Khoo in relation to the provision of private in-hospital obstetrics services provided during the period 1 January 2001 to 31 July 2001; and
- reimburse to patients of Dr Robson who were affected by the alleged conduct a proportion of the gap payments made by those patients to Dr Robson in relation to the provision of private in-hospital obstetrics services provided during the period 1 January 2001 to 31 July 2001.