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.

Blog No. 178 - Greg Hunt, the Department of Health and Penny Shakespeare - Part 1: 17 February 2025

Some of the claimed reasons why Greg Hunt and the Health Department refused to order the health insurers to obey the law were revealed in phone conversations.  Greg Hunt used abuse.  Penny Shakespeare – a lawyer – thought the law had no role to play in working out what the insurers were obliged to do.

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Margaret was one of the many people Penny Shakespeare from the Health Department was content to see die by agreeing the health insurers could refuse to obey 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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The evidence that the Department of Health refused to enforce the law is damning.

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Health Minister Greg Hunt rang Lift CEO Lauren Whiting at 12.15 pm on Thursday 8 August 2019 and abused her for asking him to enforce the law.  Some “lowlights” from the Minister’s abuse that day are these.

Greg Hunt Hello Lauren, this is Greg Hunt I do not appreciate you emailing me….. So I wanted to call you and be very direct This is a private commercial matter We have helped you out with this before and we did you a favour Advantage is being taken I am not your personal claims officer…. I do not appreciate you contacting me through my private email account…. Said he is sorry if he sounds terse But this is a private commercial matter and we need to let it play out through due process through The Department

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Before this phone conversation, Hunt had used his Ministerial authority to order Bupa to obey the law.  Obviously, the outcry from the health insurers was so great when he did this that he decided he would never again upset the health insurers.  

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The most logical explanation for the behaviour of the Health Department is that the relevant senior officer – a former lawyer called Penny Shakespeare – was corrupt.  An alternative explanation is that Penny Shakespeare was totally incompetent. Penny Shakespeare was Deputy Secretary, Health Financing, in the Department of Health.  

As a lawyer, she knew that the cost of obeying the law does not provide an acceptable reason for ignoring the law.  Despite this, the cost to the health insurers seems to have been the primary reason she put forward for protecting the insurers.

Here are some of the extraordinary things Penny Shakespeare said when she made a phone call to the Board of Lift Cancer Care Services Pty Ltd on the 15th May 2020.

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We've been looking into this very closely for months now. We've been looking very carefully at what you've provided to us and what the insurers have provided to us. Our policy position is we're not going to intervene to say get ministerial directions, because we don't think that this is a practice that should be encouraged under the private health insurance act.

As far as Penny Shakespeare was concerned, the law was irrelevant.  The Department refused to recommend that the Minister enforce the law because the Department did not think health insurers ought to be forced to pay when cancer patients received treatments at Lift.

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That's our position. We've done what we can to work with the insurers, to get them to pay the claims that you were just speaking with them. We've been unable to achieve that with this insurance, although there have been some things in previous success with working with others. I'm afraid that there's nothing more the department can do.

The Department had told the health insurers that it would not enforce the law and for some reason not then obvious to Penny Shakespeare, the health insurers had not agreed to obey the law.

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We have spent so much time over the last two years, working through your claims against various insurers, from a business model that seems to be something schemed up, to get around the rules rather than to follow them.

Penny Shakespeare had decided that claims for services given by Lift should not be payable under the law.  Penny was not going to try and change the law.   Penny intended to let the health insurers continue to ignore the law … and Penny defamed Lift by claiming that it was not trying to help cancer patients but had cooked up a money making scheme even though the law is extremely clear that the health insurers had a duty to pay the claims.

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The next two snippets from the Penny Shakespeare Bulls**t on the 5th of May 2020 phone conversations are very revealing.  Here, she admits the Minister had power to order the health insurers to obey the law.  She also asserted – falsely – that the claims made on the health insurers were for the cost of the treatments.  She must have known this was a lie.  The claims had only ever been for the cost of the hospital admission, not the treatments given after admission.

We looked at this over a number of months. We've spoken to the insurers, we've spoken with Lauren [Whiting], we forwarded detailed descriptions of the issues with the Type C certificates, to Lauren from the insurers. What you're asking us to do is get the minister to direct health insurance to pay for services, when it is unclear why the patient has been admitted to the hospital for a GP consultation. And where a lot of the information being provided is so this is not the GP consultation, it's exercise medicines.

Shakespeare knew the Minister had the power to order the insurers to obey the law, but would not recommend he do this.  She falsely said the claims were for the treatments given after admission.  She certainly knew that was false.  She also said the cost of hospital admission should not be payable by the insurers unless the reason for hospital admission was clear.  She knew this was legally and factually untrue.  The law did not require this and the insurers already knew that Lift patients were seriously ill with cancer.

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But the department cannot just tell the insurers to pay a claim. We don't have an authority to do that under the act.

Shakespeare is now saying she was a lawyer and I knew this was Bulls**t, but she had to say something, even though she was obviously contradicting herself.  Because the Lift Board were not lawyers (she hoped), and because they were stupid, they might not realise what she was saying was a complete lie.

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The fix was in.  The Department was not at all concerned about the welfare of people who were suffering from cancer.  The Department was concerned only to provide a Protection Racket for the insurers to ensure that they did not have to obey the law.

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Remember … this Bulls**t was spouted by a lawyer.  Bulls**t Baffles Brains is on full public display here.

Blog No. 177 - Useless Appeal to Health Minister Greg Hunt, Part 2: 16 February 2025

Marrying Margaret Redden on the 30th of July 2009 at Kilashee House, Naas, County Kildare, Ireland.  It was a wonderful day.

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Marrying Margaret Redden on the 30th of July 2009 at Kilashee House, Naas, County Kildare, Ireland.  It was a wonderful day.

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The complete text of the March 2022 letter to Greg Hunt, former Australian Health Minister, is available through the link attached to this Blog.

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In the letter, I set out the possible reasons why the health insurers were ignoring the law.  I pointed out that the most likely reason was possible corruption by a Health Department officer called Penny Shakespeare.

It is very apparent to me that the health funds know that they have complete freedom to ignore the law.  The ONLY logical explanation for the “immunity” of the health funds is that they know they are “protected”.  Yes, I can hear you groaning right now as you feel the urge to throw this letter away.  Stop groaning and look objectively at the facts. The relevant officer in the Health Department is Ms Penny Shakespeare.  The relevant alternatives are these.  Either Ms Shakespeare is: Incompetent - a distinct possibility; or She simply does not give a rat’s arse about enforcing the law governing the health funds - another distinct possibility; or  She is running a “protection racket” for the health funds – the alternative that looks most likely to me. If you have any interest in doing your job – and I am sure you do not because you are retiring – you should find out just what is going on in your own Department.  Is Ms Shakespeare an incompetent who has been promoted beyond her ability and is this why she lets the health funds ignore the law?  Is Ms Shakespeare a relatively competent individual who is simply far too lazy to do her job?  Or has Ms Shakespeare accepted an inducement to protect the health funds?  Has she been offered a big fat job with a health fund when her time in the Public Service comes to an end.  I urge you to find out.  The explanation is likely to be relatively mundane and easy enough to establish. Whatever the reasons for Ms Shakespeare’s refusal to do her job, push her out of the way and replace her by someone else who IS interested in doing her job.

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I finally received a reply from Greg Hunt on Monday, 24th of May 2022 – exactly 2 days after he had retired from Parliament to live on his MP pension and enhance his income through consultancies.  The Greg Hunt letter was dated 17th of May 2022.  This is the full text of the Greg Hunt reply.

Dear Mr Hankin Thank you for your correspondence of 23 March to the Minister for Health and Aged Care, The Hon Greg Hunt MP, concerning treatment for your wife through Lift Cancer Care Services.  I am responding on behalf of the Minister as the Government is now in a caretaker role pending the outcome of the federal election on 21 May 2022. I am sorry to hear of the difficulties you are having in having your claims for these services accepted by HCF.  The Department is aware of the dispute between Lift and HCF, and continues to engage with both parties as well as the Private Health Insurance Ombudsman to resolve the situation.  The Department also continues to work with the private health sector to influence improved communication and processes, in an effort to influence improved communication and processes, in an attempt to prevent protracted disputes.* Thank you for bringing your concerns to our attention. Brian Kelleher Assistant Secretary Private Health Industry Branch *Utter Bulls**t!!

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As far as Greg Hunt, the then former Health Minister was concerned, patients who had cancer did not matter.  The enforcement of the laws governing health insurers did not matter either.  Only the health insurers and their profits mattered to Greg Hunt.

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When I sent my letter to Greg Hunt, I was already convinced I was wasting my time.  I wrote to Hunt because logic said I should give him the chance to use his Ministerial power and bring an end to the appalling, illegal conduct of the health.  A small part of me hoped the person appointed as my Australian Minister for Health would have some interest in the health of his fellow Australians.  I was disappointed that I was so completely wrong about Hunt.

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There was also a part of me that hoped the relevant bureaucrats in the Australian Health Department would have an interest in doing the job they were being paid to do.  Hunt could plausibly claim to rely on advice from his bureaucrats.  So why were the bureaucrats in the Health Department so uninterested in doing the job they were paid for?

I am sure Penny Shakespeare Deputy Secretary, Health Financing, Department of Health would be able to put forward multiple bulls**t reasons for refusing to do her job.  I am equally certain that her bulls**t reasons would be just that – bulls**t.

There will be more about Penny Shakespeare in future blogs.

Blog No. 176 - Useless Appeal to Health Minister Greg Hunt, Part 1: 15 February 2025

I asked Minister Hunt to help on the 24th of March 2022 and was ignored.  Margaret didn’t matter to the Health Minister.

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Margaret on our wedding day, 30th of July 2009.  I LOVED marrying Margaret.  Minister Greg Hunt and the corrupt employees in the Health Department did not give a s**t about people like Margaret.

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Our official legal wedding on the 30th of July 2009.  I LOVED Margaret and I LOVED marrying HER.  

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Health Minister Greg Hunt, 24 March 2022

The Australian Health Department answers to the Australian Health Minister; in March 2022 that was Greg Hunt.  Greg Hunt already knew about the health insurance scam. but I thought it was a good idea to ensure he could not deny knowing.  If Hunt was put under enough pressure, he might even do something about the scam, but this was very unlikely.  Hunt was not seeking re-election and the likely date of the next elections was the 22nd of May 2022.

This summarises my contact with the Health Minister in 2022.

Letter	Length	How Sent	Response Date	Response Length	Response Said
Letter to Greg Hunt Health Minister dated 23 March 2022	7 pages	(1) Sent by email at 12:38 pm 23 March 2022 to ghunt@aph.gov.au  (2) Sent by Express Post to Greg Hunt, Minister for Health, PO Box 6022, House of Representatives, Parliament House, Canberra, Australian Capital Territory 2600	Letter dated 17 May 2022 received by post from Brian Kelleher, Assistant Secretary, Department of Health	1 page	The Minister could not respond “as the Government is now in caretaker role pending the outcome of the federal election on 21 May 2022”

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I emailed the letter and sent it by Express Post letter on the 23rd of March 2022.  Greg Hunt ignored the letter.  I finally received a zero content reply dated 17th of May 2022 which arrived after the change of government at the 22nd of May 2022 elections.

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The letter to Greg Hunt can be accessed via the link attached to this Blog.

I was fed up with the behaviour of Greg Hunt and his Department and I said this.  Clearly, Greg Hunt and the Department knew about the health insurance scam and had decided to ignore this unlawful behaviour, even though the Health Minister had the power to stop it immediately.

I said this in paragraphs 2, 3 and 4 of the letter.

I am aware that the matters I raise in this letter have been raised repeatedly with you personally, with your Ministerial staff, with senior executives in the Department of Health and with the Chief Executive of the Department of Health.  Every attempt to induce you and the Department of Health to enforce the law and to stop the known unlawful behaviour of the private health insurance funds has so far been a complete waste of time.  My own personal circumstances have been raised with your Ministerial Office on more than one occasion by Senator Stirling Griff, a man of whose integrity I have personal knowledge.  Like everyone else who has tried to persuade you and your department to do your clear duty, all Senator Griff has received from your Office has been “a pocketful of mumbles”. In addition to Senator Griff, I am aware that representations have been made to you personally by the Honourable Nicolle Flint, Member for Boothy and by the Honourable Steve Georganas, Member for Adelaide.  Mr Georganas is my local Member of Parliament. You can take it as completely guaranteed that this letter is my last attempt to persuade you to do what you should have done years ago.  What follows can be treated as “refreshing” your memory on what you and your staff have already been told repeatedly.

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I highlighted Greg Hunt’s personal knowledge of Lauren Whiting, that he had spoken to her on the phone and abused her by claiming he [Hunt] was “not her claims agent”.  I pointed out this was untrue.

I hate to disabuse you Minister, but ultimately you are the claims agent for each and every Australian who pays for private health insurance.  You are MY claims agent because it is YOUR DUTY to enforce the laws made by the government of which you are a member.  Your abuse of Ms Whiting reflects very poorly on you personally.

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I itemised the dates of my HCF letters when I tried to discover from HCF, the legal reasons for its defiance of the law.

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I summarised my attempts to persuade the Ombudsman to intervene.

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I summarised my request for Lift to invoice us for all treatments not paid by HCF, how I had paid $6,978.00 in February 2022 and how HCF had ignored this invoice.  I pointed out that HCF never acknowledged receipt of the invoices and that we had received no payments from HCF since December 2021.

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I said this to Hunt

In brief, HCF refuses to acknowledge receipt of claims, it has specifically refused to pay one claim, and it has treated all other claims we have personally submitted to it as if they have never been submitted.  Underlining the contempt with which we have been treated by HCF is its complete refusal to attempt to explain its actions. I draw the implication that HCF is well aware that from a legal perspective, its only viable legal course of action is to say nothing and wait for Margaret to die.  I am certain that HCF reasons that once Margaret is dead, I will lose interest in trying to make HCF explain its actions. The Legislative Puzzle Park I have very carefully examined the relevant legislative “puzzle park”.  I am satisfied that HCF, NIB and Teachers Health, are knowingly and intentionally breaking the law.  I also believe they are breaking the law knowing that the holders of health insurance who are affected by their unlawful actions will almost certainly die or lack the energy to call them to account for their unlawful behaviour.  Your staff are well aware of the relevant legal requirements and they are well aware that they are being ignored.  So too, is the Health Department.

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In the final sentences of my letter, I said this.

My request to you is simple.  Stop this atrocious behaviour from continuing and spreading.  Stop it now.  You should be shocked and dismayed by what has happened.  I hope you are, but I presume you simply don’t care.

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Any conscientious Health Minister should have been shocked to receive a letter like this and would have taken urgent steps to investigate.

Health Minister Hunt ignored my letter.  He did not care.

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More highlights from my letter to Hunt and a copy of his very late, very useless reply are in the next blog.