A question of law

The question is, how can one professional group (midwives) be excluded from practice on the grounds of no insurance being available, when the group competing for the same work (obstetricians and proceduralist GPs) receive substantial government support to purchase their indemnity insurance? When the same support for midwives has been refused? Does this not breach the terms of competition policy and monopolies supported by government funding?

This question has been sent to Damien Carrick, presenter of the ABC Radio National Law Report. It can be sent to other commentators too.

Perhaps we should also approach PILCH? with the same question, or a corresponding one from the consumer's perspective?

Australia's National Competition Policy has guided the development of laws in relation to competition, under the Trade Practices Act.

A paper 'The Trade Practices Act and the Health Sector' was presented by Professor Allan Fels, the then chair of the ACCC, in 1998. Here are a couple of quotes:

"competition policy is based on the premise that consumer choice, rather than the collective judgment of the sellers, should determine the range and prices of goods and services that are available. Or in other words that the competitive suppliers should not pre-empt the working of the market by deciding themselves what their customers need, rather than allowing the market to respond to what consumers demand."
The role of the ACCC includes "looking at health professionals' conduct to determine whether it promotes or hinders patients' interests in being able to choose among a variety of services and price options according to their needs."

I KNOW THERE ARE A FEW CONSUMERS READING THIS BLOG. CAN YOU BELIEVE WHAT YOU HAVE JUST READ? WHEN YOU HAVE RECOVERED YOUR COMPOSURE, PLEASE SEND A COMMENT AND TELL ME HOW YOU INTEND TO PROCEED WITH DEMANDING THAT CONSUMER CHOICE BE SOMEHOW INCLUDED IN THE MATERNITY CARE COMPETITIVE SCENE. THE HEALTH MINISTER AND ALL GOVERNMENT BODIES ARE SUPPOSED TO ACT UNDER THIS LAW.

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The only way within the law that a monopoly is allowed is if the monopoly is established in the public interest. This means in maternity that midwives SHOULD ONLY be denied access to funding and registration if it can be shown that the 'public' out there are safer within the medical/obstetric monopoly of care, and by being prevented from accessing midwife led care. The medical/obstetric monopoly has the vast majority of maternity care under its belt - it just needs to mop up that troublesome minority of women and midwives who have independent minds and like to proceed without drugs and gadgets.

When someone who understands and is able to argue the law is willing to listen, we would like to talk about the legal ramifications of the current status of midwives who practise independently, and are unable to purchase professional indemnity insurance.

Thankyou for your comments.
Joy Johnston