Election 2013 Western Australia March 9

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Peel Health iT Matters

Peel Health The Lead Up

The Peel Hospital has had a number of turns and twist before the current announcement of an inquiry in 2012, here in a chronology of some events.

The contract for Peel Health campus is due to expire 2017 for current operator Health Solutions WA, principle shareholder Jon Fogarty.


20 year agreement reached with Health Services WA to manage Mandurah Hospital with Liberal WA Government that was headed by Richard Court.


$430,000 was transferred from Peel health into a private company Corporate Financial Services account to which Tony Solin was the sole director.

Liberal Party records a donation of $10,000 made by Corporate Financial Services to the Liberal party shortly after the transaction from Peel Health.

By August total restitution was made from Corporate Financial Services back to Health Solutions WA. A Police investigation had commenced by this time.

The signatory to the account of Corporate Financial Services was name of Richard Ellis, who was not an officer of the company.

Richard Ellis was working for Colin Barnett as Chief of Staff who was a minister at the time in Liberal government.


Labor wins government in WA


An investigation was carried out by Major Fraud Squad into an alleged theft of $430,000 from Health Services WA, Peel Health Campus operator.


Supreme Court of Western Australian (WA) has rejected Jon Fogarty's attempt to have a civil case brought against him by Health Solutions minority shareholders Ian and Keryl Gorton delayed until a criminal charge involving Health Solutions has been dealt with.


Western Australian Public Prosecutions Director brought charges against Mr Fogarty after being accused of stealing $430,000 from Health Solutions WA.

When it was revealed that Health Solutions’ Singaporean directors had approved the transaction, the charges were dropped.

2004-05 Health Solutions WA donated $50,000 to the Liberal Party’s WA branch.

2008-09 Health Solutions WA donated $15,000 to both the WA Labor and Liberal branches.

2009-10 Health Solutions WA donated $125,000 to the Liberal Party’s WA branch.

March 12

The Peel Health Campus Community Fund of Health Solutions donated $50,000 to the David Wirrpanda Foundation. Executive chairman of Health Solutions Jon Fogarty was present to make a speech.

April 21

Ashton Foley appointed as consultant to Peel health.

April 19
Jon Fogarty sends email to Ashton Foley ' Can you call the liberal branch for Mandurah today, soon,  Ask if you wished to register and become a member, what is the cost and any processes that would be. Also ask when pre-selection for a local candidate for the next state election takes place for the Mandurah branch/division. Call me if you’re confused.'

May 2012

Neale Fong, former WA Health Department director-general, and Bethesda Hospital chairman, joined Health Solutions (Peel Hospital) as a non-executive Director.

Jon Fogarty in February wrote in an email of Neal Fong,  'Neither was prepared, took notes or had a specific agenda other than to talk BS and waste time. At the time both losers who both lost.'

Mark Stowell replaces Jon Fogarty as Chairman of Health Solutions WA.

July 19

Problems with Peel Health childrens ward resulting in announcement the children’s Sarich Ward would remain permanently open following community concerns and questions about its inconsistent opening hours.

Peel Health make statement, 'The hospital is now willing to absorb the additional operating costs in the short term in order to serve the community.'

August 9

Minister Hames support fund raising efforts of local Halls head sailors.

August 17

The private company Health Solutions operating Peel Health Campus announced willingness to expand the entire hospital and fully fund the $75million redevelopment cost, and commenced campaign to get government approval.

September 6

Tony Solin launches campaign as Liberal candidate in WA state election for 2013 at Peel Football Club Bendigo Bank Stadium.

Following this Peel Health chairman Mark Stowell congratulates Tony Solin on his Liberal Party preselection and offers $10,000 contribution to the campaign from Peel Health.

It was not without condition, and in an email Stowell wrote 'We would appreciate if this could be kept confidential Tony, as well as amongst all directors, given that we are a private company,'

Stolin was old friend and footy teammate of Peel Health major shareholder Jon Fogarty.

September 7

The minutes from a board meeting of Health Solutions WA describe how it was wanting to determine the way the Liberal Party candidate for Mandurah, and hospital employee, Mr Solin engage with the hospital's expansion plans when contesting the 2013 WA election.

From this Tony Solin was instructed by Peel Health manager, Health Solutions, not to include the issue of private hospital expansion plans as part of his campaign.

At this meeting was Managing Director Neale Fong and chairman Mark Stowell.

The minutes show 'It was resolved that NF (Neil Fong) and MS (Marl Stowell) will make this direction clear over a phone call,'

September 9

Neale Fong emails Peel health COO Ashton Foley indicating he wanted changes to an information assessment report.

The report  was commissioned by Ms Foley from an independent consulting firm stating its intention to examine IT systems and provide information to maximise efficiencies in the Mandurah hospital.

September 26

Neale Fong becomes Managing Director

September 27

Controversy with COO Ashton Foley resigning from her position as Peel Health after six months.

She described the situation as having 'inadequate leadership and governance' and a 'dysfunctional board'.

It was a familiar situation with over the past five years Peel Health had five different CEO's and now with Ms Foley’s sudden departure there has been four COO's also.

Ms Foley disputed claims by Neale Fong that her exit was ‘common business practice’ and she cited a 'poorly managed business'.

Foley said she had serious concerns about matters that had been going on long before she commenced.

Opposition health spokesperson Roger Cook then entered the debate and said the recent resignation of Ms Foley was cause for serious concern.

Naomi Quinlivan of Candy Stripe PR used to do media for hospital, worked extensively with Fong elsewhere gave up consultant role at Peel Health.


Liberal candidate Tony Solin resigns role with Peel Health Campus.

New PR Manager Liz Drew appointed and only lasted 30 days, reportedly fled West Australia fearing Peel management.

October 4

The Department of Health appeared  before the Standing Committee on Estimates and Financial Operations to comment on its Annual Report, as many other departments were also doing.

The Health Department Chief Executive who looked after Peel called in sick on the day on the hearing.

In the course of this standard annual hearing a number of matters were raised with the Department regarding the Peel Health Campus.

Director General, Department of Health states:

'we undertook an audit of Peel in terms of their admissions and ensuring that what they were claiming effectively was the activity that they were undertaking, which we also do for Joondalup and all of our contracts. My recollection is that there were adjustments made as a consequence of that. It was recognised that some of the admissions should not have been paid for by the public—by the state—and those funds were subsequently recovered.'

Estimates and Financial Operations comment '..Peel Health Campus, the then director of nursing identified the concerns, raised them with senior management, and senior management ignored those concerns and continued to operate.. I understand that that director of nursing no longer works there and may have even been sacked from the hospital.'

October 17

Peel Campus operator, the private company Health Solutions WA, sent a threatening letter from its solicitor Clayton Utz to Greens MP Giz Watson advising 'on notice' over the case before the parliamentary committee.

The letter wanted 'seven clear days' notice so they could take appropriate action if the committee intended to take evidence from a former employee.

Ms Watson was advised in the communication there was a court injunction against the former employee and a Mandurah newspaper.

The letter also said to Parliamentarian Watson, 'If you are unwilling to provide us with this notice, please explain why.'

Shadow Health Minister Rodger Cook said at the time the lawyers attempt to interfere with parliamentary privilege was outrageous and 'un-Australian'.

Premier Barnett stated in parliament;
'I am quite often in Mandurah and I have not heard people criticise the Peel Health Campus other than to say that growth is needed.'
'.. since that health campus was established in 1997, the population of the greater Mandurah area has essentially doubled, yet nothing was done during the eight years of the Labor government to expand the Peel Health Campus.'

October 18

Rodger Cook advises Health Solutions (WA) brought an injunction against a newspaper and is believed to have threatened at least one other media outlet with one.

'These sorts of companies take out injunctions against the Mandurah Mail and they threaten to take out injunctions against The West Australian because they are trying to cover up these practices,' Mr Cook said.

Mr Cook referred to hospital records which showed between July 2010 and January 2011 close to 400 patients were admitted to PHC without meeting rules of admission criteria.

The fall-out from this saw Health Solutions WA forced to repay more than $1.8 million to the State Government after an audit found “some CDU admissions … did not comply with the business rules for admissions and were incorrectly billed”.

October 19

Neale Fong conceded that some admissions through the CDU, while clinically appropriate for patient care, had not complied with business rules and had been incorrectly billed, but as soon as these errors had been identified refunds were subsequently made.

Fong said 'No deliberate wrongdoing or manipulation was identified whatsoever,'

In a speech to Parliament, Roger Cook made several allegations about 'incentive' payments to doctors and conflicts of interests.

Cook also said in Parliament that Health Solutions (Peel Health) had obtained a rarely granted "Anton Piller" court order to have the home of a former employee searched for any company documents in their possession.

October 25

A statement was provided to the Mandurah Mail from Peel Hospital and stated that 'On October 22 the Supreme Court of Western Australia made orders authorising a search of premises of [Ashton Foley] for records of Health Solutions (WA) Pty Ltd (HSWA) and for an iPhone or iPad alleged to be the property of HSWA'.

October 30

Health Minister Kim Hames dismisses call for an independent inquiry into Peel Health Campus.

November 1

Roger Mr Cook’s claims entail that Mr Solin, who lives in Shoalwater, had been hand-picked by Peel Health major shareholder and previous Chairman Jon Fogarty to run for the WA 2013 State election on the basis of securing hospital expansion approval and the renewal of the Health Solutions WA contract to manage Peel Health Campus.

Cook has questioned the appointment of Liberal candidate Tony Solin to Peal Health Campus who was reportedly paid $200,000 salary for a position he held no formal qualifications for, and this amongst the Hospital having contracted the services of a professional public relations consultant.

November 8

Premier Barnett acknowledge that the government has reviewed the Peel Health submission and agree the Hospital needs expansion. He also states that the process will go to a competitive tender.

November 9

Shadow Attorney General John Quigley has accused Tony Solin of  'obstructing' the 2002 police investigation in Peel Health by refusing to give a statement at the time.

November 29

Peel Health Campus Community Fund provides $5,000 to local sailors Health Minister Kim Hames assisting in fund raising.

December 4

Major shareholder and previous Chairman Jon Fogarty states, 'Technically, Ashton isn't qualified to change a bandaid and that's the bottom line,'

Liberal candidate Tony Solin states never been instructed by Health Solutions not to discuss the Peel Hospital expansion when campaigning for WA 2013 election. 'Absolutely not,'  'I was never told that. That's first I've heard of that.' he was quoted as saying.

December 5

Tony Solin contacts newspaper to advise had found a diary entry confirming such a call took place on not talking about Peel Hospital Expansion.

The #wa2013vote website will be kept online so politicians promises and statements can be checked until the end of next WA election in 2017, and after.