Health sector liability under the Trade Practices Act

Abstract

Following the implementation of the national competition policy and the consequent exposure of unincorporated businesses to trade practices regulation, the health sector has faced increasing exposure to fair trading and competition issues. This article examines the rights and the obligations of health sector participants under the consumer protection and the restrictive trade practices provisions of the Trade Practices Act 1974 (Cwlth). The article outlines the relevant provisions and identifies examples of conduct that has breached the Act or that has the potential to breach the Act. The author notes that the Act has been applied to the health sector in the same way as it has been applied to all other sectors of the economy.