Private Healthcare Australia Limited

On 1 April 2020, Private Healthcare Australia Limited (PHA) lodged an application for authorisation on behalf of itself, its members and Members Health Fund Alliance (MHFA) and its members (the Participating Parties). The Participating Parties sought authorisation to make, and give effect to, arrangements, and to discuss and share information with each other in relation to private health insurance coverage during the COVID-19 pandemic.

On 8 April 2020, the ACCC granted urgent interim authorisation.

On 2 June 2020, the ACCC revoked the urgent interim authorisation granted on 8 April 2020 and substituted it with interim authorisation for the proposed conduct subject to conditions.

On 15 July 2020, the ACCC issued a draft determination proposing to grant authorisation to the Participating Parties subject to conditions.

The ACCC’s final determination was made on 17 September 2020. If no application for review of the determination is made to the Australian Competition Tribunal, the authorisation will come into effect on 9 October 2020. Authorisation is granted subject to substantively the same conditions imposed under interim authorisation. The conditions require PHA to:

·        notify the ACCC of any measures formulated as part of the proposed conduct at least 24 hours before the measure is implemented or otherwise takes effect;

·        provide detailed fortnightly reports to the ACCC regarding any meetings, discussions, developments and decisions in relation to the proposed conduct; and

·        provide any further information relating to the proposed conduct that the ACCC requests.

The ACCC has decided to grant authorisation until 31 March 2021.

A timetable is set out below for your information.