A report of the Australian Competition and Consumer Commission’s activities

In the December quarter the ACCC negotiated one administrative resolution with Calvary Health Care ACT.

CALVARY HEALTH CARE ACT trading as Calvary Bruce Private Hospital (Calvary) Calvary has agreed to provide patients with more information in relation to potential out-of-pocket costs following an investigation by the ACCC. The investigation commenced following a complaint first publicised on the consumer affairs television series ‘The Checkout’ on 7 May 2015. Information received by the ACCC indicated that in some circumstances patients at Calvary could end up paying more for hospital services when they were discharged early. The ACCC’s investigation focused upon Calvary’s disclosure of information to consumers in its informed financial consent form - Calvary’s disclosure form. Informed financial consent is the provision of cost information to patients, including notification of likely out-of-pocket costs by service providers prior to hospital or treatment. Calvary’s disclosure form failed to specify that, in some circumstances, patients could incur additional costs if their hospital stay was shorter than anticipated. This can occur if the patient’s health insurer pays rebates on a per day basis, but the service provided by the hospital is charged at a fixed cost. In such circumstances an early discharge may mean a lower insurance rebate and higher out-of-pocket costs. Unless properly informed, patients could face “bill shock” in these circumstances. Calvary’s disclosure form stated that the quote provided was an estimate only and that in some circumstances the amount would vary. The ACCC considered it was reasonable for consumers to expect they would only be required to pay more if additional services were required and not when they were released early from care. The ACCC has asked Calvary to provide greater disclosure to consumers that an early discharge may increase the amount payable in some circumstances. Calvary, which has fully cooperated with the ACCC’s investigation, has agreed to do so.

31.Enhance the effectiveness of the ACCC’s compliance and enforcement initiatives through partnerships

The ACL gives consumer regulators a single set of provisions to respond to consumer protection issues. It also allows regulators to collectively work on broader issues, and take proactive and timely compliance and enforcement action.

The ACCC works closely with the Treasury, Australian Securities and Investments Commission and state and territory consumer protection agencies on national compliance and enforcement projects.

The ACCC also works with businesses, industry associations and consumer groups to promote awareness of the ACL.

32.Consumer Consultative Committee

The Consumer Consultative Committee (CCC) provides a forum to address consumer protection issues and concerns with consumer representatives. The ACCC held the last CCC meeting for the year on 4 December 2015. The meeting focused on a range of recent and upcoming consumer related initiatives including the ACL Review, the ACCC Strategic Review, the National Consumer Congress and recent ACCC research into the private health insurance industry, debt collection industry practices and the sharing economy.

33.Australasian Consumer Fraud Taskforce

The ACCC hosted an Australasian Consumer Fraud Taskforce members meeting on 19 October 2015 at which it was decided that the next Consumer Fraud Week will commence on 16 May 2016 and the theme will focus on scams targeting seniors.

34.Ruby Hutchison Memorial Lecture & National Consumer Congress

Preparations for the 2016 Ruby Hutchison Lecture and Consumer Congress continue. The ACCC has issued invitations to over 350 representatives from consumer groups, community organisations, government and academia.

35.Empower consumers by increasing their awareness of their rights under the ACL

Educating consumers about their consumer rights is central to the ACCC protecting the interests and safety of consumers. The ACCC’s educational campaigns support consumers to navigate complex or difficult consumer decisions to help them make smart choices.

During the December 2015 quarter the ACCC Infocentre served 57 689 complaints and enquiries from businesses and consumers.

36.Scams

The ACCC continued its scam disruption project (commenced in August 2014) to stop potential scam victims from sending more money to scammers. The project uses financial intelligence to identify Australians sending funds to high risk jurisdictions and advising them that they may have been targeted by a scam.

During this quarter 945 letters were sent to scam victims as part of the project, bringing the total number of letters sent to 5645 since its inception. The letters are sent to scam victims in NSW, Victoria, Tasmania, the Northern Territory and the ACT. Other states operate their own scams disruption programs. To date the project has detected over $11 million in losses to confirmed victims. In December 2015 approximately 74 per cent of letter recipients had stopped sending money within six weeks of receiving the letter. Eighty percent of detected scams are dating and romance scams, followed by investment scams at seven percent.

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