Health Department position on medical indemnity
25 June, 2003
The attached letter from the Director General of Health is distributed
for your information to update you on developments. It should not
be interpreted as reflecting the AMA position, which is set out
in AMA documents and correspondence previously distributed.
Whilst progress is being made on some issues, the necessary detail
and context in which the provisions will be applied is not finalised.
Each Doctor with having regard for the Trade Practices Act and
their individual circumstances need to individually determine if
necessary after seeking appropriate professional advice whether
they consider adequate progress is being made.
Dear Colleagues
MEDICAL INDEMNITY COVER FOR NON-SALARIED MEDICAL PRACTITIONERS
Given the tight time-frame for the new arrangements, it is clear
that some doctors will not be in a position to execute the Indemnity
Agreement by June 30, but will see no option but to continue in
the interim to treat public patients as before.
We have also had representations from the AMA who are concerned
to ensure some flexibility in the time frame.
From the perspective of both medical practitioners and the Department
of Health, it is desirable that every effort is made to have an
Indemnity Agreement executed by the parties before medical services
to which the Agreement would apply are provided. Only with the
contract operational are the rights and obligations set out in
that Agreement mutually enforceable.
While it is important that the Agreements be executed as speedily
as possible, I can appreciate that these matters are complex, and
there may be some delay in returning the document.
Therefore, we wish to inform you the contractual indemnity will
be provided in full as from July 1 2003 if the Agreement is signed
prior to 1 August 2003.
Following concerns raised by the AMA in relation to possible exclusions
arising out of Clause 2.2, I can further confirm our commitment
to a consultative mechanism involving the AMA.
I trust that the above assurance will give you comfort in continuing
with your services to our patients.
As you will appreciate, it is important for all parties that the
Indemnity Agreement is executed as speedily as possible. I would
appreciate your assistance in ensuring that the Agreements are
indeed finalised at the earliest possible opportunity.
Yours sincerely,
Mike Daube
DIRECTOR GENERAL
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