Media Releases and Communiques
Health Ministers review progress on medical indemnity reform
A meeting of Commonwealth, State and Territory Health Ministers held in Darwin today reconfirmed their commitment to implement reforms that will ensure medical indemnity arrangements in Australia are sustainable and affordable into the future.
19 July 2002
Communique
Health Ministers review progress on medical indemnity reform
A meeting of Commonwealth, State and Territory Health Ministers held in Darwin today reconfirmed their commitment to implement reforms that will ensure medical indemnity arrangements in Australia are sustainable and affordable into the future.
Ministers reviewed progress since they met during the National Forum on Medical Indemnity in Canberra on 23 April this year, where they agreed to a number of actions over the coming months.
Medical Litigation Reform
Ministers considered a progress report from an expert working group, chaired by Professor Marcia Neave of the Victorian Law Reform Commission. The integrated package considers a wide range of reforms, including open disclosure, reducing the need to litigate, protection of apologies, 'no admission' payment arrangements, use of expert witnesses, changes to the statute of limitations and thresholds.
The package is designed to facilitate, to the maximum extent possible, consistent reforms across all States and Territories, and is being discussed with a broad range of stakeholders, including representatives of Heads of Treasuries and Attorney-Generals Departments. The expert group, which will report to a meeting of all State and Territory Health Departments in August, is supported by the Australian Medical Association (AMA), the Medical Colleges and has input from plaintiff and defence lawyers. It has already commenced discussions with the Negligence Review Panel recently announced by Senator Coonan.
A Potential New Scheme for Long Term Care
At their April 2002 meeting, Ministers called for work to begin on development of a workable model to provide an equitable and effective means of managing the long term needs and costs of the catastrophically injured. Work so far has suggested that such a model might remove the long-term care head of damage from common law and provide it through statutory benefits and provide people with care delivered by appropriate service providers, rather than a lump sum.
Ministers received a progress report and requested that work on the model continue.
National Data Base
Ministers noted that work is well underway to implement a national database for medical negligence claims, to ensure that in future, policy will be able to be based on appropriate and accurate data. The Australian Institute of Health and Welfare has commenced work on the proposed implementation by 1 January 2003 of a national data base for the public sector, which is intended to merge in the future with data being collated by the medical defence industry and the private sector.
Market Structure and Price Regulation
Ministers reaffirmed the commitment they made last April to work with other areas of government, especially Attorneys General, Treasurers and COAG, to agree on a nationally consistent approach to reforming the structure of the industry. Ministers called for more joint work to be done so that States and Territories could form an agreed position on possible reforms.
Maintaining coordinated progress
Ministers confirmed their desire to see the earliest possible implementation of well-considered and nationally consistent reform. They again noted that continued progress will require coordinated, consultative and co-operative action involving a range of portfolio responsibilities within the Commonwealth, States and Territories, the medical defence industry, the medical and legal professions, health consumers and the Australian community.
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