The Code of Conduct establishes the Code of Conduct Committee, The Appeals Committee, and the Monitoring Committee. Authority is to these Committees is delegated under the Constitution of Medicines Australia that provides that each Member Company must conform to and be bound by the Code of Conduct, including submitting to the complaints handling process. These Committees provide a robust and independent mechanism to hear and manage complaints made under the Code of Conduct, and to proactively monitor Member Company conduct.
The role of the Code and Appeals Committee
The Code Committee receives, considers and determines complaints as per the process outlined in Sections 16.1 – 16.5 of the Code. The Committee is also the authority in making a decision whether there has been a breach of the Code. As such, it also has the power to impose sanctions where applicable.
The Appeals Committee convenes if a complainant or subject company chooses to appeal a decision made by the Code Committee, in relation to a complaint or any breach of the Code. It has the authority to overturn or uphold any decisions or sanctions imposed in the original complaint, and works within the processes outlined in the Code at Section 16.6.
The aims of both Committees are to ensure compliance with the Code of Conduct and provide an independent and transparent mechanism to governing compliance.
The composition of the Code Committee is prescribed in Section 17.1 of Edition 19 of the Code of Conduct. It includes a Chairperson with competition and consumer law experience, three general practitioner representatives, a nominated specialist physician, a nominated ASCEPT Representative, consumer representative/s, a pharmacy representative (if relevant to the complaint) and up to five representatives from Medicines Australia members (as relevant to the complaint).
The composition of the Appeals Committee is prescribed in Section 17.2 of Edition 19 of the Code of Conduct. It is very similar to the Code Committee, but a smaller number of people. The Appeals Committee will be independent from the Code Committee in relation to hearing appeals.
Both Committees may also have non-voting observers in accordance with the Code. Both Committees are assisted in administering its business by a Code Secretariat from Medicines Australia.
Who and how?
The panel of Code and Appeals Committee members, 2022 – 2024, can be viewed here
In most cases, a person from this Panel can serve on either a Code Committee or an Appeals Committee, however no member of the Appeals Committee can have been a member of the Code Committee that heard the original complaint.
The process by which members are appointed, can be viewed here
Any questions should be directed to the Conduct Secretariat at Medicines Australia.
Phone: (02) 6147 6500