Thursday, August 17, 2006

UNHAPPY Doctors & Lawyers


Doctors are unhappy with the Private Healthcare Facilities and Services Act 1998 being enacted (which came into force on May this year) and complaint it makes compulsory for doctors to upgrade their clinics and have equipment for emergencies.
Many doctors have not got a copy of the Act and the information they get is from the MMA and the ministry's road shows. There have been no meetings to discuss the final version of the Regulations. For clinics in rented premises, some of the structural changes were impossible and the frustration vented by many experienced GPs practising in the same clinic for decades was surely a prelude to them prematurely giving up practice, which would be a great loss to the communities they have served for so long.

The Lawyers on the other hand complaint about the LPA (amendment) Bill 2006 in particular the Disciplinary Board amendments, Secrecy and Judicial Review and its removal.
Heated controversy has been arising. Some members (lawyers), who oppose the Bill say that the amendments are not only bad, but are so bad that they are termed "draconian", shameful" or against fundamental principles. For "them", the unprecedented provisions in the amendments grants a blank cheque to an administrative tribunal, like Disciplinary Board to ignore all judicial safeguards against abuse of power that will result in the risk of the Board acting as a dictator in matters relating to the livelihood of all advocates and solicitors - a matter of one's rice bowl. For the advocates of the amendments, the amendments do not prejudice procedural rights of a fair hearing for any member and would in fact enhance the speedy resolution of any complaint against any member with full rights of appeal remaining intact.
Lawyers are no strangers to strong and diverse views. Let all the members have their voices heard at the EGM tomorrow. Let consider all relevant factors and the competing interests involved.
However, noting that the amendment Bill has been passed by the Dewan Rakyat and Dewan Negara very recently and is awaiting the Royal Assent and Gazette Notification to bring the amendments into force, will the outcome, if any of the EGM counts?