Blog No. 179 - Greg Hunt, the Department of Health and Penny Shakespeare - Part 2: 18 February 2025

The refusal of Health Minister Greg Hunt and Penny Shakespeare to order the health insurers to obey the law started long before Margaret got cancer; it started at least as early as May 2018.  

Although the health insurers eventually paid Lift the hundreds of thousands of dollars in backpay, they did not do this because of action taken by Minister Greg Hunt or the Health Department.  When HCF eventually paid in excess of $200,000 to Lift in August 2022, Greg Hunt was already comfortably retired, living on his Parliamentary pension.

The health insurers paid only because I refused to let them continue to defy the law.

This blog gives some additional insight into the appalling behaviour of Hunt and the Health Department over many years.

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Margaret was one of the many people Penny Shakespeare from the Health Department was content to allow to die when she permitted the health insurers to defy the law.  This photo shows Margaret and me at our wedding on the 30th of July 2009.

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We had such a wonderful wedding!

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On the 14th of December 2020, Lift applied under Freedom of Information laws for all documents

Between May 2018 to date, all emails created by Ms Penny Shakespeare, Deputy Secretary, relating to rejected, contested or pending claims for day-only accommodation benefits arising from Certified Type C procedures within the meaning of the Private Health Insurance (Benefit Requirements) Rules 2011 (Cth) made by Lift Specialty Care Pty Ltd t/as Lift Cancer Care Services to private health insurers (the Claims).

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The Freedom of Information Request was ignored.  No documents were ever produced.

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On the 19th of March 2021, Lift sent a 12 page letter to Penny Shakespeare asking that 

The Minister direct the Department to take further action to investigate the Relevant Insurers and request the provision of written undertakings that they will meet their enforceable obligations under the PHI (Private Health Insurance) Act. If they decline, Lift asks the Minister seek a declaration from the Federal Court under s 203-1 of the PHI Act. If the Minister declines to take the requested action, Lift requests a formal decision together with written reasons explaining the Minister’s decision (or refusal to decide). That will enable Lift to consider its position and, if necessary, seek judicial review of the Minister’s decision.

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A pro forma reply was sent by Penny Shakespeare on the 16th of April 2021, promising to provide a “substantive response” to the Lift letter “by early May 2021”.  It is now 18th of February 2025 and Penny Shakespeare has not responded except by the pro forma reply on the 16th of April 2021.  This is the Penny Shakespeare letter dated 16 April 2021.

Dear Ms Whiting, Lift Cancer Care and its ongoing dispute with private health insurers I refer to your letter of 19 March 2021 to Ms Penny Shakespeare, Deputy Secretary, of this department concerning Lift Cancer Care Services’ dispute with certain private health insurers concerning claims made pursuant to the Private Health Insurance Act 2007 (Cth).  I write on behalf of Ms Shakespeare and can indicate that the department is giving careful consideration to the matters raised in your letter. The department will not be in a position to provide a substantive response to your letter by 16 April 2021 as you have requested. However, we will endeavour to do so as soon as possible. At this stage, we anticipate being able to provide a response by early May 2021.  Please do not hesitate to contact me if you wish to discuss this letter.  Yours sincerely  Brian Kelleher  Assistant Secretary  Private Health Insurance Branch 16 April 2021

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Brian Kelleher, Assistant Secretary of the Health Department’s Private Health Insurance Branch was presumably extremely embarrassed by the refusal of Penny Shakespeare and Minister Greg Hunt to enforce the law against the health insurers.  Presumably, he was equally embarrassed by the refusal of Penny Shakespeare to ever reply to Lauren Whiting’s letter of 19 March 2021.

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Like Brian Kelleher, Greg Hunt and Penny Shakespeare must have been aware that there was no valid legal reason for the refusal of the health insurers to obey the law.  

According to Wiki on 18 February 2025, 

Hunt joined law firm Mallesons Stephen Jaques after completing his undergraduate degree.  In 1992 he was an associate to Michael Black, the chief justice of the Federal Court of Australia.  Hunt subsequently completed a Master of Arts in International Relations at Yale University as a Fulbright Scholar.  He also interned at the UN Centre for Human Rights in Geneva, "researching atrocities in the former Yugoslavia".

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According to the website www.greghunt.com.au, that champion of human rights named Greg Hunt is now a Professor and his proper title is Professor The Honourable Greg Hunt. Hunt claims he is Honorary Melbourne Enterprise Professor, University of Melbourne, and Chair of the Monash University Turner Institute Advisory Council. Wow Greg Hunt!  You probably could not have got these appointments if you had upset the health insurers!  Congratulations on having kept the health insurers so happy when you let them ignore the law!

Unless the Wiki biography is incorrect, Minister Greg Hunt was well able to properly interpret the relevant legislation.

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Penny Shakespeare, Deputy Secretary, Health Department was also skilled enough to properly interpret the relevant legislation.  Penny Shakespeare’s LinkedIn profile says she graduated from Australian National University in Canberra.  She claimed to Lauren Whiting that she had work experience in the area of employment law, although her LinkedIn profile gives no information about this.

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Apart from personally having the necessary skills to interpret the relevant legislation, both Hunt and Shakespeare had access to the vast array of lawyers who work for the Australian government.  All of them must have had the skills to say the behaviour of the health insurers was illegal.

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So why did Hunt and Shakespeare refuse to do their jobs?  They almost certainly refused to do their jobs because they were confident they could do this and not suffer any consequences.  Lift and its cancer patients – including my dying wife Margaret – simply did not matter.  By contrast, the profits of the health insurers DID matter.

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SHAME ON YOU GREG HUNT.

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SHAME ON YOU TOO PENNY SHAKESPEARE.

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I DO NOT HAVE TO DO ANYTHING TO PUNISH YOU.

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KARMA WILL GET YOU IN THIS LIFE OR IN A FUTURE ONE.

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The universe keeps an accurate scorecard of your actions.