Non-compliance with COAG’s best practice regulation requirements – Medical Board of Australia
On 9 May 2016, the Medical Board of Australia issued mandatory guidelines to apply to all registered medical practitioners who perform cosmetic medical or surgical procedures. The guidelines are given effect under the Health Practitioner Regulation National Law and cover matters such as patient assessment and informed consent, patient management, facilities and advertising practices. The Council of Australian Governments (COAG) best practice regulation requirements apply to decisions by ministerial councils or national standards-setting bodies where there is a reasonable expectation of widespread compliance. As such, the Office of Best Practice Regulation (OBPR) has assessed that the COAG requirements apply in the case of the decision to issue mandatory guidelines for medical practitioners who perform cosmetic medical or surgical procedures. Under the COAG requirements a Regulation Impact Statement (RIS) is prepared for the consultation stage, and for the decision stage. A RIS was prepared for consultation by the Australian Health Practitioner Regulation Agency, but a RIS assessed as adequate by the OBPR was not provided for the decision. The OBPR has consequently assessed the proposal as being non-compliant with the COAG best practice regulation requirements at the decision stage.