Sunday, February 9, 2025

Blog No. 170 - Australian Competition and Consumer Commission – Part 4: 9 February 2025


Margaret on the Rocky Mountaineer Train, 17th of August 2016

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Scenery we saw on the Rocky Mountaineer, 17th of August 2016.


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Summary of My Dealings With ACCC

This table summarises my communications with the ACCC during July 2022.

Communication 

Correspondence Length 

How Sent

Response Date 

Response Length 

Response Said

ACCC Email 14 July 2022

1 page

Email from Sita.McTavish@accc.gov.au 1.59 pm Thursday 14 July 2022

Email to ACCC at 2.46 pm Thursday 14 July 2022

2 pages

Urged ACCC to rescind decision to cease investigation

Email to ACCC Thursday 14 July 2022

2 pages

Email to Sita.McTavish@accc.gov.au 2.46 pm Thursday 14 July 2022

Email and letter dated 15 July 2022 from ACC 15 July 2022 

2 pages

ACCC confirmed decision to cease investigation

Letter to Mark Johnson 7 July 2022

13 pages

Email to Sita.McTavish@accc.gov.au 2.46 pm Thursday 14 July 2022

Email and letter 15 July 2022 from ACC 

2 pages

ACCC confirmed decision to cease investigation

Letter to Don Farrell 8 July 2022

5 pages

Email to Sita.McTavish@accc.gov.au 2.46 pm Thursday 14 July 2022

Email and letter 15 July 2022 from ACC

2 pages

ACCC confirmed decision to cease investigation

Letter to Penny Wong 8 July 2022

8 pages

Email to Sita.McTavish@accc.gov.au 2.46 pm Thursday 14 July 2022

Email and letter 15 July 2022 from ACC

2 pages

ACCC confirmed decision to cease investigation

Letter to Jim Chalmers 8 July 2022

6 pages

Email to Sita.McTavish@accc.gov.au 2.46 pm Thursday 14 July 2022

Email and letter 15 July 2022 from ACC

2 pages

ACCC confirmed decision to cease investigation

Letter to Steve Georganas 8 July 2022

4 pages

Email to Sita.McTavish@accc.gov.au 2.46 pm Thursday 14 July 2022

Email and letter 15 July 2022 from ACC 

2 pages

ACCC confirmed decision to cease investigation

Letter to Mark Butler 8 July 2022

13 pages

Email to Sita.McTavish@accc.gov.au at 2.46 pm on Thursday 14 July 2022

Email and letter 15 July 2022 from ACC 

2 pages

ACCC confirmed decision to cease investigation

“How the Health Fund Scam Works”

5 pages

Email to Sita.McTavish@accc.gov.au 2.46 pm Thursday 14 July 2022

Email and letter 15 July 2022 from ACC

2 pages

ACCC confirmed decision to cease investigation

ACCC letter 15 July 2022

2 pages

With email from Sita.McTavish@accc.gov.au 11.43 am Friday 15 July 2022

No point responding

Nil 

No point responding

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ACCC Email Dated 14 July 2022 and My Response

I had sent letters to several politicians asking for help on 14 July 2022.  The same day, ACCC sent me this email saying it had ceased investigating the health insurers.

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Dear John 

We are writing to provide an update on your complaint to the Australian Competition and Consumer Commission (ACCC) regarding Hospitals Contribution Fund of Australia Limited (HCF) and other private health insurers. We have considered your complaint with senior managers at the ACCC and decided to close our investigation and take no further action at this stage. 

We were hoping to set up a phone call with you and Margaret, if she is able to join, to discuss our reasoning for the decision to conclude our investigation. If possible, could you please let us know your availabilities for a call tomorrow or in the week commencing Monday 18 July. Once we have confirmed a suitable time, we will circulate a calendar invitation for the call.

In the meantime, if you have any questions, please feel free to contact us via email.

Kind regards

Sita

Sita McTavish

Senior Investigator | Enforcement - Southern | Consumer and Fair Trading Division 

Australian Competition & Consumer Commission

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I was disappointed the ACCC had ceased all investigation into the health insurers.  I replied by email 47 minutes after getting the ACCC email.

Hi Sita,

The decision to discontinue may be premature.

HCF has reneged on its promise to pay the approximately $200,000 that it owes to Lift Cancer Care Services.  I have not accepted this latest ugly behaviour by HCF with any “grace”.

I am attaching to this email, letters dated 8 July 2022 that I have sent to 

  • Mark Johnson, Chairman of HCF

  • Senator Don Farrell, Senator for South Australia and Minister for Trade and Tourism;

  • Senator Penny Wong, Senator for South Australia and Minister for Foreign Affairs

  • Mark Butler, Minister for Health

  • Jim Chalmers, Treasurer;

  • Steve Georganas, MP for Adelaide.

In the letter to Mark Johnson, which he has acknowledged receiving, I have severely criticised the conduct of HCF and urged it to start obeying the law.  I conclude that letter by saying that the people who run HCF are “scumbags” – and indeed that is exactly what they are.

In the letter to Mark Butler, I urge him to do all necessary to make HCF obey the law and do all that is necessary to ensure that the Health Department (for once) does its job and enforces the law.  I know Mark Butler from my previous career as a lawyer.  I have also asked him to urge the Treasurer to urge the ACC to really get stuck into the health funds.  They are indeed the scumbags that I have said they are in the letter to Mark Johnson.  The Health Department has a completely shameful track record of never enforcing the law.  This failure is inexplicable by any explanation that involves honesty or diligent work performance by the relevant officers in the Health Department.  The alternative possible explanations are not attractive.

In the letters to Don Farrell and Penny Wong (whom I also know from my legal career) and to Steve Georganas (who is our local MP), I have asked them to do two things (1) Urge Mark Butler to enforce the law (2) Urge the Treasurer to urge the ACCC to get stuck into the health funds and enforce the law.

In the letter to Jim Chalmers, I ask him to urge/ instruct/ recommend (as appropriate) to the ACCC that it launch a full scale investigation into the rampant scam activities of the health funds.

As well as the letters that went out last Friday, I also attach a document that was attached to the letters to the politicians headed “How the Scam Works”.

Next Monday is about the worst possible day for us to do a phone hook up.  Next week is pretty tight.

If the ACCC maintains its decision to look no further into the health funds, that will be extremely disappointing.  The ACCC is the ONLY government agency that has shown the slightest interest in the criminal activities of the health funds – and now, here the funds go again!

Please advise alterative dates and times for the phone consultation if it is to go ahead.

Kind Regards


John Hankin

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