Australian Medical Association

AMA comments on the Review of Australian Privacy Law, Discussion Paper 72

Information Sheet

Information for members who currently work for DVA on a contract basis or are contemplating doing so through the current tendering process.

The Department of Veterans' Affairs (DVA) engages a number of doctors as contract medical advisers. They work in DVA offices and interact with DVA staff and processes on a daily basis, but they are engaged as contractors, not employees. DVA has reviewed its arrangements for health advisers (includes medical, dental and allied health professionals) and has gone to tender for new contracts.

Part B (3): This type of clause, whilst providing maximum flexibility for both parties, provides minimal contractual security. It would be preferable to have defined reasons for cancellation. This improves security and removes the potential for unfair conduct and retributive behaviour.

Part B (4): Compensation should be incorporated if the contract is cancelled outside the terms contained in a revised Part B (3) or clause 22.

Parts J-M contain no information and obviously need fleshing out.

1.3 Add: "DVA will provide sufficient time and resources to permit the handover to occur".

1.5 At what point does survival end, or is it in perpetuity?

2.2 This can be used to effectively terminate the contract without reason, without notice, circumventing Part B (3) where the contractor simply cannot provide an alternative. For example, if the person removed has a specialized skill set, it may not be possible to replace them.

The AMA has lodged a submisison to the Senate's Inquiry into the Privacy Act 1988.

The Federal Government commissioned a Review of Competitive Neutrality in the Medical Insurence Market. This Review was headed by Mr Graham Rogers whose Report was delivered to Government in March 2005 and subsequently publicly released.

The AMA has lodged the following submision in answer to the call from the Federal Privacy Commissioner's request for comments on the Review of the Private Sector Provisions of the Privacy Act 1988.

The AMA lodged a submission by the due date to the Federal Privacy Commissioner.

In relation to the Privacy Amendment (Private Sector) Act 2000 (the Act), the AMA has long argued that overarching health privacy legislation is vital to adequately and appropriately protect patient privacy.

There has been an unfortunate history of misunderstandings leading to public arguments between the AMA and the Australian Competition and Consumer Commission (ACCC) about medical roster and work share arrangements and their legality under the Trade Practices Act 1974.

This Working Party, consisting of the AMA, CPMC and MIIAA, was formed in response to a perceived need for review and rationalisation of existing Risk Management activities. This Working Party represents yet another positive approach to improving those factors influencing medical indemnity.

The Minister fro health and Ageing, the Hon. Tony Abbott, has today written to all doctors in Australia on the issue of medical indemnity.

A Joint Media Release from The Hon Tony Abbott and Senator the Hon Helen Coonan

Read a chronology of the AMA's Medical Indemnity activities and events since August 2003

Do you understand UMP's letter of 24 October. Here are some Q & A's to help.

The AMA has put a submission to the review of the Insurance Contract Act 1984 and in particular section 54 of the Act.

Are you exempt from the IBNR levy?

The HICs IBNR contribution notices.

The AMA has developed this Resource Book to help doctors comply with the Privacy Act 1988(Cth), as amended, which affects all doctors practicing in the private sector with effectc from 21 December 2001.

The NSW Supreme Court's June 2003 decision of PD v Dr Nicholas Harvey and Another reminds doctors in clinical practice of the importance of effective patient-doctor communication and duty of care to third parties.

Affordability of premiums is still an issue

Renewing Your Insurance? Some important questions you should ask.

Open letter to Doctors - published in Australian Newspapers

The AMA supports the development of overarching health specific privacy legislation.

The Governments medical indemnity reform package consists of four Acts:

AMA Position Statement: Patient Recall - 1992

Your Privacy Questions Answered

The AMA's Submissions on the Temporary Public Interest Determination (TPID) relating to the taking of family and social histories raises two major concerns;

1. The AMA supports ACHA Health's submission and for the TPID to form the basis of an ongoing PID.
2. The AMA sees the need for the wording of the TPID to be broadened to cover the collection of family and social histories by health service providers in the course of their work generally rather than it being limited to collection during the course of providing a health service.