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Could a recent ruling change the game for scam victims? Here’s why the banks will be watching closely

<div class="theconversation-article-body"><a href="https://theconversation.com/profiles/jeannie-marie-paterson-6367">Jeannie Marie Paterson</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> and <a href="https://theconversation.com/profiles/nicola-howell-1160247">Nicola Howell</a>, <a href="https://theconversation.com/institutions/queensland-university-of-technology-847">Queensland University of Technology</a> In Australia, it’s scam victims who foot the bill for the overwhelming majority of the money lost to scams each year. A 2023 <a href="https://download.asic.gov.au/media/mbhoz0pc/rep761-published-20-april-2023.pdf">review</a> by the Australian Securities and Investments Commission (ASIC) found banks detected and stopped only a small proportion of scams. The total amount banks paid in compensation paled in comparison to total losses. So, it was a strong statement this week when it was revealed the Australian Financial Conduct Authority (AFCA) had <a href="https://my.afca.org.au/searchpublisheddecisions/kb-article/?id=f9f8941f-7379-ef11-ac20-000d3a6acbb4">ordered</a> a bank – HSBC – to compensate a customer who lost more than $47,000 through a sophisticated bank impersonation or “spoofing” scam. This decision was significant. An AFCA determination is binding on the relevant bank or other financial institution, which has <a href="https://www.afca.org.au/make-a-complaint#:%7E:text=Any%20determinations%20we%20make%20are,service%20is%20free%20to%20access">no direct right of appeal</a>. It could have implications for the way similar cases are treated in future. The ruling comes amid a broader push for sector-wide reforms to give banks more responsibility for <a href="https://www.fico.com/blogs/detection-prevention-tackling-scams-every-angle">detecting</a>, deterring and responding to scams, as opposed to simply telling customers to be “more careful”. Here’s what you should know about this landmark ruling, and what it might mean for consumers. <h2>A highly sophisticated ‘spoofing’ scam</h2> You might be familiar with “push payment” scams that trick the victim into paying money to a dummy account. These include the “<a href="https://www.acma.gov.au/articles/2024-01/scam-alert-re-emergence-hi-mum-scam">mum I’ve lost my phone</a>” scam and some <a href="https://www.scamwatch.gov.au/types-of-scams/online-dating-and-romance-scams">romance</a> scams. The <a href="https://www.smh.com.au/national/dragged-kicking-and-screaming-banking-giant-loses-battle-against-scam-victim-20241015-p5kide.html">recent case</a> concerned an equally noxious “bank impersonation” or “spoofing” scam. The complainant – referred to as “Mr T” – was tricked into giving the scammer access to his HSBC account, from which an unauthorised payment was made. The scammer sent Mr T a text message, purportedly asking him to investigate an attempted Amazon transaction. In an effort to respond to the (fake) unauthorised Amazon purchase, Mr T revealed security passcodes to the scammer, enabling them to transfer $47,178.54 from his account and disappear with it. The fact Mr T was dealing with scammers was far from obvious – scammers had information about him one might reasonably expect only a bank would know, such as his bank username. On top of this, the scam text message appeared in a thread of other legitimate text messages that had previously been sent by the real HSBC. <h2>AFCA’s ruling</h2> HSBC argued to AFCA that having to pay compensation should be ruled out under the <a href="https://download.asic.gov.au/media/lloeicwb/epayments-code-published-02-june-2022.pdf">ePayments Code</a>, a voluntary code of practice administered by ASIC. Under this code, a bank is not required to compensate a customer for an unauthorised payment if that customer has disclosed their passcode. The bank argued the complainant had voluntarily disclosed these codes to the scammer, meaning the bank didn’t need to pay. AFCA disagreed. It noted the very way the scam had worked was by creating a sense of urgency and crisis. AFCA considered that the complainant had been manipulated into disclosing the passcodes and had not acted voluntarily. AFCA awarded compensation covering the vast majority of the disputed transaction amount, lost interest charged to a home loan account, and $5,000 towards Mr T’s legal costs. It also ordered the bank to pay compensation of $1,000 for poor customer service in dealing with the matter, including communication delays. <h2>Other cases may be more complex</h2> In this case, the determination was relatively straightforward. It found Mr T had not voluntarily disclosed his account information, so was not excluded from being compensated under the ePayments Code. However, many payment scams fall outside the ePayments Code because they involve the customer directly sending money to the scammer (as opposed to the scammer accessing the customer’s account). That means there is no code to direct compensation. Still, AFCA’s jurisdiction is broader than merely applying a code. In considering compensation for scam losses, AFCA must consider what is “fair in all the circumstances”. This means taking into account: <ul> <li>legal principles</li> <li>applicable industry codes</li> <li>good industry practice</li> <li>previous AFCA decisions.</li> </ul> Relevant factors might well include whether the bank was proactive in responding to known scams, as well as the challenges for individual customers in identifying scams. <h2>Broader reforms are on the way</h2> At the heart of this determination by AFCA is a recognition that, increasingly, detecting sophisticated scams can be next to impossible for customers, which can mean they don’t act voluntarily in making payments to scammers. Similar reasoning has informed a range of recent reform initiatives that put more responsibility for detecting and responding to scams on the banks, rather than their customers. In 2023, Australia’s banking sector committed to a new “<a href="https://www.ausbanking.org.au/scam-safe-accord/">Scam-Safe Accord</a>”. This is a commitment to implement new measures to protect customers, including a confirmation of payee service, delays for new payments, and biometric identity checks for new accounts. Changes on the horizon could be more ambitious and significant. The proposed <a href="https://treasury.gov.au/consultation/c2024-573813">Scams Prevention Framework</a> legislation would require Australian banks, telcos and <a href="https://pursuit.unimelb.edu.au/articles/accc-vs-big-tech-round-10-and-counting">digital platforms</a> to take reasonable steps to prevent, detect, report, disrupt and respond to scams. It would also include a compulsory external dispute resolution process, like AFCA’s, for consumers seeking compensation for when any of these institutions fail to comply. Addressing scams is not just an Australian issue. In the United Kingdom, newly introduced <a href="https://www.bbc.com/news/articles/cy94vz4zd7zo">rules</a> make paying and receiving banks responsible for compensating customers, for scam losses up to £85,000 (A$165,136), unless the customer is grossly negligent.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/241558/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/jeannie-marie-paterson-6367">Jeannie Marie Paterson</a>, Professor of Law, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> and <a href="https://theconversation.com/profiles/nicola-howell-1160247">Nicola Howell</a>, Senior lecturer, <a href="https://theconversation.com/institutions/queensland-university-of-technology-847">Queensland University of Technology</a> Image credits: Shutterstock This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/could-a-recent-ruling-change-the-game-for-scam-victims-heres-why-the-banks-will-be-watching-closely-241558">original article</a>. </div>

Money & Banking

Landmark aged care reforms set to benefit millions of Aussies

The federal government has reached a deal with the coalition for the long-awaited aged care reforms including $4.3 billion for in-home services. This means that senior citizens will be given more support and choice to live their golden years in dignity, as they intend to help them live at home for longer and improve conditions and protections for those in aged care facilities. "$4.3 billion will be invested in Support at Home, to come into effect on the first of July next year," Prime Minister Anthony Albanese announced at Parliament House on Thursday. The Support at Home package is expected to help 1.4 million Australians live independently at home with support, before going into aged care by 2035. It will provide support for nursing, occupational therapy and day-to-day tasks like cleaning, showering, dressing and shopping, with wait times for packages cut from 12 to three months. The government will also pay all of the cost of clinical care services, with a lifetime contribution cap of $130,000 for non-clinical care costs. Those using the Support at Home program could also get $25,000 in aid to spend their final three months at home, instead of the hospital. The $5.6 billion reform package is also set to affect the availability of funding for residential aged care, including a "no worse off" assurance that people currently in aged care won't be asked to pay more for their care. New aged care quality standards will also be implemented to improve the sector and drive higher-quality care. The government also promised more resources to investigate and penalise bad behaviour by providers. Albanese said the reforms will be the "greatest improvement" to the aged care sector in 30 years. “This is about caring for the generation that cared for us,” he said. “We will deliver historic aged care reforms to ensure the viability and quality of our aged care system and support the growing number of older Australians choosing to retain their independence and remain in their homes as they age.” Aged Care Minister Anika Wells said the changes would lead to more services for older Australians. “Our reforms will create better and safer care, help reduce the fear of a system that has been neglected for far too long,” she said. The reform has been welcomed as the number of Australians over the age of 65 is expected to double and those older than 85 are predicted to triple in the next four decades. Images: Shutterstock

Caring

Passengers on cancelled flights to be compensated under new reforms

Plane passengers could soon be entitled to compensation or refunds for delayed or cancelled flights in Australia. The long-awaited Aviation White Paper will be handed down this morning, as part of the federal government's crackdown on the aviation sector. The white paper makes 56 recommendations, including the the establishment of an Aviation Industry Ombudsman Scheme, which will have the authority to make it compulsory for airlines to provide support to passengers and give travellers more rights. The Aviation Industry Ombudsman Scheme will also be able to refer to allegations of misconduct for investigation and enforcement. It will also introduce a new "Charter of Rights" entitling airline customers to refunds for flights that are disrupted, cancelled, or unreasonably delayed. Infrastructure Minister Catherine King said the changes were critical to ensure that passenger had better experiences in the air, and will provide them with a baseline for the services they can expect on flights. "The aviation customer experience has deteriorated post-COVID, with an urgent need to better protect the rights of the travelling public," she said. She added that Australians were often not being dealt with fairly by airlines. "The bottom line is if people don't get the service that they are expecting, then customers deserve to get their money back or they deserve to get an equivalent service," she said. "And that's really not what's been happening when it comes to the consumer space." Under the Aviation Industry Ombuds Scheme, airlines will also have to "show cause" and provide a valid reason why a flight has been delayed or cancelled, and the ombudsperson has the right to request additional information. Airlines will also be required to provide support to people to make alternative travel arrangements. As part of its white paper, the government will also establish new minimum standards for airlines to make their services more accessible to those with disabilities. Legislation to establish the aviation ombuds office will be introduced next year, but the government plans to appoint an interim ombudsperson. The scheme is expected to be fully implemented in 2026. Image: Shutterstock

Legal

John Boland’s battle against prostate cancer and the urgent need for reform

John Boland, a 74-year-old retired Navy Reserve Lieutenant Commander, found himself at a crossroads – a place where hope and despair often meet in the lives of those battling life-threatening illnesses like prostate cancer. Diagnosed five years ago, John’s journey has been a relentless fight against a disease that, despite medical advancements, still claims the lives of 10 men in Australia every day. After undergoing surgery and 37 rounds of radiation therapy, John’s battle was far from over. His PSA (Prostate-Specific Antigen) levels, an indicator of prostate cancer activity, were not dropping sufficiently, signalling that the fight was only getting tougher. It was then that John was introduced to a groundbreaking treatment: Lutetium-177 PSMA therapy (LuPSMA), a targeted radionuclide therapy with pinpoint accuracy to attack cancer cells. This innovative treatment offered a glimmer of hope, a chance to strike at the heart of the disease that had disrupted his life. But there was a catch – the cost. Each round of LuPSMA treatment costs $10,000, and while some patients may require up to eight rounds, John’s doctors recommended two based on his response. Even so, the financial burden was immense, forcing John to dip into his superannuation, ultimately spending $60,000 on the treatment that was not covered by insurance. Despite the financial strain, the results were nothing short of miraculous. After just the first round, John’s PSA levels dropped by a staggering 95%. After the second, they fell to nearly zero. The treatment had not only attacked the cancer but had also restored his quality of life, allowing him to once again enjoy the simple pleasures – time with family, daily activities and even golf. It was a victory that brought renewed hope and confidence for the future, a victory that made the $60,000 investment worth every cent. “My case was remarkably successful after the second treatment, which are eight weeks apart, after the scan had no cancer, and my PSA was effective to zero. So it was a reliable result for me and a huge boost, but unfortunately, they're $10,000 a time, and you can require up to eight treatments,” says John. “Fortunately we were able to fund it from our superannuation pension account, the $20,000, but I imagine that a lot of people, they can’t find that $20,000.” But John’s story, while inspiring, also highlights a grim reality: many Australians are not as fortunate. The LuPSMA treatment that worked so well for John remains out of reach for many others due to its prohibitive cost. And this isn’t just an isolated issue; it’s a systemic problem affecting thousands of men across the country. A new report, the <a href="https://www.pcfa.org.au/media/nbennwom/aus-np-1123-80001-amgen-access-gap-report_april-2024-data-final-approved.pdf" target="_blank" rel="noopener">Australian Patient Access Gap Report</a>, has shed light on the alarming delay in the public availability of new medicines in Australia. The report reveals that Australians with life-threatening illnesses are waiting an average of 591 days – more than 18 months – for access to new, potentially life-saving medicines. For some, the wait can be as long as three years. These delays are not just statistics; they represent real people, real lives hanging in the balance. The Prostate Cancer Foundation of Australia (PCFA), the country’s leading organisation in the fight against prostate cancer, is calling for urgent reform. They argue that the current system, which often requires multiple rounds of review before new treatments are approved for public use, is failing Australians. PCFA CEO Anne Savage points out that while 10 men die from prostate cancer every day, the approval process for new treatments drags on, leaving patients like John Boland to fend for themselves – often at great financial and emotional cost. “In almost every instance, Australians are being denied access to new medicines that can extend and save their lives, simply because our approval systems have not kept up with the pace of change,” she says. “In relation to prostate cancer, applications typically undergo two or three rounds of review before achieving a positive recommendation, while 10 men die a day from the disease. It’s simply not good enough.” John’s story serves as a strong call to action. His successful treatment with LuPSMA is a testament to the power of modern medicine, but it also underscores the urgent need for change. No one should have to choose between their life savings and their life; it’s time for Australia to modernise its pharmaceutical benefits scheme, ensuring that all Australians, regardless of their financial situation, have access to the treatments they need. As we move forward, the PCFA is urging Australians to take part in initiatives like <a href="https://www.thelongrun.org.au/" target="_blank" rel="noopener">The Long Run</a> during Prostate Cancer Awareness Month in September, raising awareness and funds to support the fight against this devastating disease. For John Boland, and for the thousands of others who share his struggle, we must work towards a future where no one is left behind in the fight against cancer. Image: Courtesy of John Boland.

Caring

“These are people’s lives”: Calls for gambling reform after fatal cruise ship plunge

The shocking death of a 50-year-old father who went overboard on a P&O Cruise has caused widespread outrage, with many questioning who is to blame for his untimely passing. Shane Dixon had racked up $5,000 of gambling debt while onboard the Elvis-themed voyage, which his mother, who was also travelling with him, helped him to repay. The next day, Dixon went back to the cruise ship's casino where he racked up another $4,000 in debt, before he plunged to his death while the vessel was on its way into Sydney Harbour. While questions have arisen about the circumstances surrounding his death, the CEO of the Alliance for Gambling Reform Carol Bennett said the cruise ship operator had failed to provide Shane with an adequate duty of care, and encouraged him to keep gambling. "It's really concerning that when a ship sails 12 nautical miles off the coast it can then allow anything and everything to happen," she told <a href="https://www.dailymail.co.uk/news/article-13414919/Anti-gambling-Shane-Dixon-cruise-ship-casino.html" target="_blank" rel="noopener">Daily Mail Australia</a>. "The rules that might apply on land no longer seem to apply and yet you would expect this cruise line would have some kind of duty of care to ensure that people are not plied with inducements, promotions and advertisements that are pushing them to gamble to extremely harmful levels." "It is just beyond belief that there is not an expectation that when a cruise ship leaves a dock that the rules of that jurisdiction apply." "But clearly that's not the case and we leave it all in the hands of the cruise line operator who may or may not apply the responsible service of gambling." Ms Bennett said it was "fundamental" that gamblers were able to set spend limits, self-exclude themselves and be in an environment free of inducements: all of which are required by law when it comes to casinos on Australian soil. "This is just basic harm reduction that any provider or organisation that is providing gambling services should be complying with," she said. "And if they're not, we need to really seriously think about what governments need to do to address this problem because you do wonder how widespread this is. This could be just the tip of the iceberg." Ms Bennett said Australia loses an estimated $25billion on legal forms of gambling each year, with the consequences spreading far beyond the impact on the economy. "It leads to everything from domestic and family violence to health and mental health issues, anxiety, depression, financial distress, right through to suicide," she said. "It is a huge and to some degree hidden problem in Australia, which is why we need stronger enforcement of safeguards and guardrails around gambling that don't see people led into a situation where they see no other way out but suicide." "These are peoples lives. For every person who gambles, there are six people around them who are going to be directly impacted." Labor backbencher Graham Perrett said the British cruise line most likely operated under the UK's gambling laws. "My understanding is that the UK gambling laws are not dissimilar to ours in terms of marketing and advertising," he said. "It's not just a gambling free-for-all, even if they are outside our territorial seas they still have to follow the laws of the UK." Image credits: Facebook / Shutterstock

Cruising

“I was wrong”: Dominic Perrottet admits Catholic faith played a role in gambling reform 

Dominic Perrottet has changed his tune. After reflecting on his decision to implement a new gambling policy, he admits his Catholic faith played a role. Last week ClubsNSW CEO Josh Landis made a comment claiming the premier’s “conservative Catholic gut” was linked to his decision to implement cashless poker machines across all venues in NSW. As a result, the ClubsNSW board decided to fire Landis. Perrottet responded to the comment and claimed his views were “not informed by the fact that I’m Catholic.” Since then, Perrottet has changed his mind. He admitted that the decision was influenced by his Catholic faith. “Certainly my upbringing and my faith has had an impact,” the premier said. “I don’t think that is something I should be ashamed of.” When asked why this policy is such a priority for him, he reflected on his time as NSW treasurer, “We were receiving revenue and profit from people’s misery.” Perrottet has been the state’s premier since October 2021, dealing with the state opening up after COVID and the Omnicron wave. “I haven't got everything right in the time I've been in politics, but you learn from it,” he said. “Politics is not easy. It's difficult and there will always be the external events and mistakes get made.” If Perrottet is re-elected this year, the gambling law overhaul will begin early next year with the roll-out of cashless poker machines. Image credit: Getty

Legal

Cheques to be phased out by 2030

Cheques will be phased out in Australia by 2030 as the federal government aims to improve the nation’s payments system. Treasurer Jim Chalmers revealed his plan for major reforms in the way payments are made which will focus on cashless and mobile financial transactions. In a speech to the Australian Banking Association (ABA) in Sydney, he said Australia’s ageing payments infrastructure was restricting the country’s productivity levels. Chalmer’s said phasing out cheques and introducing a more efficient New Payment Platform would steer Australia into the path of a digital economy. The reforms will provide direction for the banks and payments industry’s investment in future technology, ABA chief executive Anna Bligh said. "With cheques now in steady decline and accounting for only 0.2 per cent of all payments, it's time to have a smooth and well-planned process to phase out this form of payment. "Australian banks will work with the government to ensure that customers and businesses are ready for a gradual and orderly phase out.” One of the more significant reasons behind the decline in cheques can be attributed to the costs to individuals and financial institutions. After consulting with states, territories and industry and community groups, cheques will cease by 2023. The reform will see Australia in line with several major economies that have already eradicated cheques. Image credit: Getty / Shutterstock

Money & Banking

"This is about looking after the vulnerable": Major gambling reform unveiled

NSW Premier Dominic Perrottet plans to spend $340 million to overhaul the NSW gambling industry in what he describes as the largest social, community and law enforcement reforms in the state’s history. In order to stop problem gambling and eliminate money laundering in pubs and clubs, NSW is set to roll out cashless poker machines. There will be an introduction of mandatory cashless gambling across all venues in NSW. Any new machines purchased are required to be cashless and the roll out of the digital machines will begin early next year. The plan is for poker machines in NSW to be entirely cashless by 2028. It is an enormous transition. “I’ll work to ensure no-one is left behind, that no jobs are lost,” Perrottet said. The plan will provide no-interest loans for small and medium venues to assist them with the roll out of the cashless technology. It also provides a one-off $50,000 “diversification” grant for venues to invest in new income. Gamblers will also be able to set a daily limit for themselves, which will be locked for seven days in order to stop spending more than planned, and they will only be able to use money from their personal bank account; credit cards will no longer be accepted. “Today, we fix money laundering, we fix problem gambling and we support pubs and clubs across New South Wales,” Perrottet said. The reform is the result of a report released by the NSW Police Commission which had recommended many of the changes in attempt to stop money laundering. Image credit: Getty

Legal

Do tenancy reforms to protect renters cause landlords to exit the market?

More Australians are <a href="https://theconversation.com/wealthy-landlords-and-more-sharehousing-how-the-rental-sector-is-changing-94394">renting their housing longer</a> than in the past. But they have relatively little legal security against rent increases and evictions compared to <a href="https://theconversation.com/what-australia-can-learn-from-overseas-about-the-future-of-rental-housing-90401">tenants in other countries</a>. When state governments suggest stronger protections for tenants, landlords and real estate agents <a href="https://www.reiq.com/articles/reiq-concerned-rental-reforms-unravel-rights-of-property-owners/">claim it will cause disinvestment</a> from the sector, increasing pressure on already tight rental markets. In <a href="https://www.ahuri.edu.au/research/final-reports/391">research</a> for the Australian Housing and Urban Research Institute (<a href="https://www.ahuri.edu.au/about">AHURI</a>), published today, we put the “disinvestment” claim to the test. We looked at the impacts of tenancy reforms in New South Wales and Victoria on rental property records over 20 years, as well as surveying hundreds of property investors. We found no evidence to support this claim. We did find a high rate of turnover as properties enter and leave the sector. This happened regardless of tenancy law reforms. It’s a major cause of the unsettled nature of private rental housing for tenants. We suggest that if substantial tenancy reforms did cause less committed landlords to exit the sector, that might not be a bad thing. <blockquote class="twitter-tweet"> A tenancy law expert says it could be illegal in several states, while tenants’ advocates say it preys on vulnerable renters during Australia’s housing crisis. <a href="https://t.co/hQEdS80a3h">https://t.co/hQEdS80a3h</a> (via <a href="https://twitter.com/abcnews?ref_src=twsrc%5Etfw">@abcnews</a>) — ABC Australia (@ABCaustralia) <a href="https://twitter.com/ABCaustralia/status/1587927668846399488?ref_src=twsrc%5Etfw">November 2, 2022</a></blockquote> How did we test the disinvestment claim? We analysed records of all rental bond lodgements and refunds in Sydney and Melbourne from 2000 to 2020. From these records we can see properties entering the rental sector for the first time (investment) and exiting the sector (disinvestment). We looked for changes in trends in property entries and exits around two law reform episodes: when the 2010 NSW Residential Tenancies Act took effect, and the start of a tenancy law reform review in Victoria in 2015. We found no evidence the NSW reforms affected property entries (investment). And property exits (disinvestment) were slightly reduced – that is, fewer properties exited than expected. In Victoria, we found property entries reduced slightly when the law reform review started – perhaps a sign of investors pausing for “due diligence”. We saw no effect on property exits. So in neither state did we find evidence of a disinvestment effect. We also surveyed 970 current and previous property investors, and got a similar picture. When deciding to invest, investors said prospective rental income and capital gains were the most important considerations, but tenancy laws were important too. On the other hand, tenancy laws were the least-cited reason for disposing of properties. Many more investors said they did it because they judged it a good time to sell and realise gains, or they wanted money for other purposes, or because the investment was not paying as they had hoped. A state of constant churn Our research also gives new insights into the private rental sector, which <a href="https://www.housingdata.gov.au/">has been growing</a> relative to owner-occupied and social housing. Small-holding “mum and dad” landlords dominate the sector. Some 70% of landlords own a single property. Multiple-property owners own more properties in total, but still relatively small numbers (rarely more than ten) compared to corporate landlords in other countries who have tens of thousands of properties, or even more. Australia now has some large corporate landlords, but their properties are a tiny fraction of the total rental stock. Beneath its gradual growth and persistent small-holding pattern, the private rental sector is dynamic. Properties enter and exit the sector very frequently. In both Sydney and Melbourne, our analysis shows, most properties exit within five years of entering. <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/496048/original/file-20221118-13-8fazlx.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img src="https://images.theconversation.com/files/496048/original/file-20221118-13-8fazlx.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/496048/original/file-20221118-13-8fazlx.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=307&fit=crop&dpr=1 600w, https://images.theconversation.com/files/496048/original/file-20221118-13-8fazlx.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=307&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/496048/original/file-20221118-13-8fazlx.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=307&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/496048/original/file-20221118-13-8fazlx.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=385&fit=crop&dpr=1 754w, https://images.theconversation.com/files/496048/original/file-20221118-13-8fazlx.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=385&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/496048/original/file-20221118-13-8fazlx.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=385&fit=crop&dpr=3 2262w" alt="Chart showing private rental properties, Sydney and Melbourne, 2000–20, by year of first observation in rental bonds data and at five-year intervals" /></a><figcaption>Numbers of private rental properties in Sydney and Melbourne at five-year intervals from 2000 to 2020. Properties are categorised by year of first observation in rental bonds data. The authors</figcaption></figure> More than 30% of tenancies begin in a property that’s new to the rental sector. And more than 25% of tenancy terminations happen when the property exits the sector. Our investor survey also shows the sector’s dynamism. Many investors made repeated investments, owning multiple properties and some interstate. They indicated strong interest in <a href="https://theconversation.com/ever-wondered-how-many-airbnbs-australia-has-and-where-they-all-are-we-have-the-answers-129003">short-term letting</a>, such as Airbnb, and significant minorities had used their properties for purposes other than rental housing. Australia’s rental housing interacts closely with other sectors, particularly owner-occupied housing, as houses and strata-titled apartments trade between the sectors. The tax-subsidised property prices paid by owner-occupiers heavily influence investors’ gains and decision-making. Rental is also increasingly integrated with tourism, through governments’ <a href="https://theconversation.com/who-wins-and-who-loses-when-platforms-like-airbnb-disrupt-housing-and-how-do-you-regulate-it-106234">permissive approach to short-term letting</a>. In short, the Australian rental sector is built for investing and disinvesting. As properties churn in and out of rental, renters are churned in and out of housing. This presents problems for tenants. A new agenda for tenancy law reform Australian residential tenancies law has accommodated the long-term growth of the rental sector and its dynamic character. With no licensing or training requirements, it’s easy for landlords to enter the sector. It’s also easy to exit by terminating tenancies, on grounds they want to use a property for other purposes, or even without grounds in many cases. Over the years tenancy law reform has fixed some problem areas, but with virtually no national co-ordination. Laws are increasingly inconsistent on important topics, such as tenants’ security (for example, some states have restricted, but not eliminated, no-grounds terminations), minimum standards and domestic violence. Reforms have overlooked significant problem areas, such as steep rent increases and landlords’ liability for defective premises. <blockquote class="twitter-tweet"> Works for Australia too. Although don't even need to pretend to put it on the market in NSW, it's called a "no grounds eviction" or perhaps more accurately: "tenant expected a liveable home or repairs to broken stuff". <a href="https://t.co/GolGDqlyCu">https://t.co/GolGDqlyCu</a> <a href="https://t.co/wORI3K6Yap">pic.twitter.com/wORI3K6Yap</a> — Nathan Lee (@NathanLee) <a href="https://twitter.com/NathanLee/status/1542298797039964160?ref_src=twsrc%5Etfw">June 30, 2022</a></blockquote> It is time to pursue a national agenda that goes further than previous limited reforms. The focus should be on the rights of tenants to affordable housing, in decent condition, that supports autonomy and secure occupancy. Where landlords say it is too difficult and they will disinvest, this should not be taken as a threat. Indeed, it would be a good thing if the speculative, incapable and unwilling investors exited the sector. This would make properties available for new owner-occupiers and open up prospects for other, more committed landlords, especially non-profit providers of rental housing. Similarly, if we had higher standards and expectations to discourage private landlords from entering the sector, that would open up scope for new owner-occupiers and investors who are less inclined to churn properties and households. While past tenancy law reforms have not caused disinvestment, maybe the next reforms should. <hr /> The authors acknowledge the contributions of their research co-authors, Professor Kath Hulse, Professor Eileen O’Brien Webb, Dr Laura Crommelin and Liss Ralston.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/194900/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> Writen by Chris Martin, Milad Ghasri, Sharon Parkinson and Zoe Goodall. Republished with permission from <a href="https://theconversation.com/do-tenancy-reforms-to-protect-renters-cause-landlords-to-exit-the-market-no-but-maybe-they-should-194900" target="_blank" rel="noopener">The Conversation</a>. Image: Getty Images

Real Estate

Optus data breach: regulatory changes announced, but legislative reform still needed

In response to Australia’s biggest ever data breach, the federal government will <a href="https://ministers.treasury.gov.au/ministers/jim-chalmers-2022/media-releases/changes-protect-consumers-following-optus-data-breach" target="_blank" rel="noopener">temporarily suspend regulations</a> that stop telcos sharing customer information with third parties. It’s a necessary step to deal with the threat of identify theft faced by 10 million current and former Optus customers. It will allow Optus to work with banks and government agencies to detect and prevent the fraudulent use of their data. But it’s still only a remedial measure, intended to be in place for 12 months. More substantive reform is needed to tighten Australia’s loose approach to data privacy and protection. <h2>Changing regulations, not legislation</h2> The changes – <a href="https://ministers.treasury.gov.au/ministers/jim-chalmers-2022/media-releases/changes-protect-consumers-following-optus-data-breach" target="_blank" rel="noopener">announced</a> by Treasurer Jim Chalmers and Federal Communications Minister Michelle Rowland – involve amending the <a href="https://www.legislation.gov.au/Details/F2022C00329" target="_blank" rel="noopener">Telecommunications Regulation 2021</a>. This a piece of “subordinate” or “<a href="https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/whats-the-difference-between-a-legislative-act-and-a-regulation/" target="_blank" rel="noopener">delegated law</a>” to the <a href="https://www.legislation.gov.au/Series/C2004A05145" target="_blank" rel="noopener">Telecommunications Act 1997</a>. Amending the act itself would require a vote of parliament. Regulations can be amended at the government’s discretion. Under the Telecommunications Act it is a criminal offence for telcos to share information about “the affairs or personal particulars of another person”. The only exceptions are sharing information with the <a href="https://www.infrastructure.gov.au/media-communications-arts/phone/services-people-disability/accesshub/national-relay-service" target="_blank" rel="noopener">National Relay Service</a> (which enables those with hearing or speech disabilities to communicate by phone), to “authorised research entities” such as universities, public health agencies or electoral commissions, or to police and intelligence agencies <a href="https://www.homeaffairs.gov.au/about-us/our-portfolios/national-security/lawful-access-telecommunications/telecommunications-interception-and-surveillance" target="_blank" rel="noopener">with a warrant</a>. That means Optus can’t tell banks or even government agencies set up to prevent identity fraud, such as the little-known <a href="https://www.afr.com/companies/telecommunications/banks-treasury-team-up-to-protect-optus-customers-20220928-p5blm3" target="_blank" rel="noopener">Australian Financial Crime Exchange</a>, who the affected customers are. <h2>Important safeguards</h2> The government says the changes will only allow the sharing of “<a href="https://ministers.treasury.gov.au/ministers/jim-chalmers-2022/media-releases/changes-protect-consumers-following-optus-data-breach" target="_blank" rel="noopener">approved government identifier information</a>” – driver’s licences, Medicare and passport numbers. This information can only be shared with government agencies or financial institutions <a href="https://www.apra.gov.au/register-of-authorised-deposit-taking-institutions" target="_blank" rel="noopener">regulated by</a> the Australian Prudential Regulatory Authority. This means Optus (or any other telco) won’t be able to share information with the Australian branches of foreign banks. Financial institutions will also have to meet strict requirements about secure methods for transferring and storing personal information shared with them, and make undertakings to the Australian Competition and Consumer Commission (<a href="https://www.accc.gov.au/publications/section-87b-of-the-competition-consumer-act" target="_blank" rel="noopener">which can be enforced in court</a>). The information can be shared only “for the sole purposes of preventing or responding to cybersecurity incidents, fraud, scam activity or identify theft”. Any entity receiving information must destroy it after using it for this purpose. These are incredibly important safeguards given the current lack of limits on how long companies can keep identity data. <h2>What is needed now</h2> Although temporary, these changes could be a game changer. For the next 12 months, at least, Optus (and possibly other telcos) will be able to proactively share customer information with banks to prevent cybersecurity, fraud, scams and identity theft. It could potentially enable a crackdown on scams that affect both banks and telcos – such as <a href="https://www.ato.gov.au/General/Online-services/Identity-security-and-scams/Scam-alerts/" target="_blank" rel="noopener">fraudulent texts and phone calls</a>. But this does not nullify the need for a larger legislative reform agenda. Australia’s data privacy laws and regulations should put limits on how much data companies can collect, or for how long they can keep that information. Without limits, companies will continue to collect and store much more personal information <a href="https://theconversation.com/what-do-tiktok-bunnings-ebay-and-netflix-have-in-common-theyre-all-hyper-collectors-187274" target="_blank" rel="noopener">than they need</a>. This will require amending the federal Privacy Act – subject to a <a href="https://www.ag.gov.au/integrity/consultations/review-privacy-act-1988" target="_blank" rel="noopener">government review</a> now nearing three years in length. There should be limits on what data companies can retain, and how long, as well as bigger penalties for non-compliance. We all need to take data privacy more seriously. This article originally appeared on <a href="https://theconversation.com/optus-data-breach-regulatory-changes-announced-but-legislative-reform-still-needed-192009" target="_blank" rel="noopener">The Conversation</a>. Image: Shutterstock

Legal

How Australia’s gig workers may remain contractors under Labor’s reforms

Uber Australia’s historic <a href="https://www.twu.com.au/wp-content/uploads/2022/06/Statement-of-Principles-28-June-2022.pdf" target="_blank" rel="noopener">agreement</a> with the Transport Workers’ Union, on the need to regulate the gig economy, is the first step in fundamental reform of gig work. It suggests the direction the Albanese government will to take to deliver better conditions for gig workers. The “statement of principles” agreed to between Uber and the union supports “regulatory certainty for platforms” and “minimum benefits and standards for platform workers who aren’t engaged as employees”. It does not agree that gig workers should be classified as employees instead of independent contractors. The response of federal workplace relations minister Tony Burke to <a href="https://ministers.dese.gov.au/burke/important-step-rights-gig-workers" target="_blank" rel="noopener">the agreement</a> suggests the government will take the same route – not changing the classification of gig workers but giving the federal industrial relations umpire, the Fair Work Commission, the power to set minimum standards for any workers in designated sectors. A precedent for this approach comes from <a href="https://www.ntc.gov.au/sites/default/files/assets/files/Safe-payments-report-October-2008.pdf" target="_blank" rel="noopener">New South Wales provisions</a> enabling regulation of payments to owner-drivers of trucks. Those provisions have been in place for more than 40 years, and have inspired the proposal <a href="https://statements.qld.gov.au/statements/95479" target="_blank" rel="noopener">before the Queensland parliament</a> to regulate the work of independent courier drivers. <h2>Leaving gig workers as contractors</h2> There are good reasons to aim to regulate gig economy workers as contractors, rather than attempting to bring them under the umbrella of being employees. Yes, their relationship with platforms can look an awful lot like an employment relationship – hence the reason for <a href="https://theconversation.com/an-employee-not-a-contractor-unfair-dismissal-ruling-against-deliveroo-is-a-big-deal-for-australias-gig-workers-161173" target="_blank" rel="noopener">court cases</a> supported by the Transport Workers’ Union seeking to have gig workers deemed employees. As the <a href="https://en.wikipedia.org/wiki/Duck_test" target="_blank" rel="noopener">saying goes</a>, if it looks, swims and quacks like a duck, it probably is a duck. But the outcome of trying to define gig workers as employees has been mixed. Around the world these attempts have sometimes <a href="https://www.theguardian.com/business/2017/feb/10/pimlico-loses-appeal-against-plumbers-worker-status-in-gig-economy-case" target="_blank" rel="noopener">succeeded</a>, <a href="https://btlaw.com/insights/blogs/currents/2018/philadelphia-u-s-district-court-determines-uber-drivers-are-independent-contractors" target="_blank" rel="noopener">sometimes not</a>. <h2>Roadblocks to becoming employees</h2> Platform companies have worked against these attempts, leveraging the fact quite a number of gig workers like to imagine themselves as <a href="https://www.cipd.co.uk/Images/to-gig-or-not-to-gig_2017-stories-from-the-modern-economy_tcm18-18955.pdf" target="_blank" rel="noopener">independent</a>, self-employed people, as well as customers’ preference for cheap services. The best (but not only) example is their success against California’s <a href="https://www.acslaw.org/expertforum/ab5-regulating-the-gig-economy-is-good-for-workers-and-democracy/" target="_blank" rel="noopener">AB5</a> law, passed in 2019, that tightened the rules for companies to hire workers as independent contractors. Uber and rival Lyft first <a href="https://calmatters.org/economy/2020/08/california-gig-work-ab5-prop-22/" target="_blank" rel="noopener">threatened to suspend operations</a> in California rather than comply with the law. They then teamed up with other platform companies such as DoorDash and spent a reported <a href="https://www.theguardian.com/commentisfree/2020/nov/12/uber-prop-22-law-drivers-ab5-gig-workers" target="_blank" rel="noopener">US$200 million</a> in 2020 to secure and a win a “ballot proposal” (known as Proposition 22) <a href="https://www.nytimes.com/2020/11/04/technology/california-uber-lyft-prop-22.html" target="_blank" rel="noopener">exempting</a> app-based transportation and delivery companies from the new law. A Californian court has since found <a href="https://www.nelp.org/blog/prop-22-unconstitutional/" target="_blank" rel="noopener">Proposition 22 unconstitutional</a>, but it remains in place pending an appeal. Even when a rule is devised to interpret the contracts that gig workers sign as employment contracts, gig companies could <a href="https://www.hcamag.com/au/specialisation/industrial-relations/uber-eats-announces-new-business-model-and-contracts-for-riders/245068" target="_blank" rel="noopener">amend their contracts</a> to get around that. But in the end, a company such as Uber will adhere, grudgingly, to most standards that are imposed on it — other than defining its workers as employees. Thus it has accepted <a href="https://www.uber.com/ca/en/drive/montreal/get-started/training-requirement/" target="_blank" rel="noopener">training requirements in Quebec</a> (after first <a href="https://www.thedrive.com/article/14652/uber-threatens-to-leave-quebec-over-new-driver-training-requirements" target="_blank" rel="noopener">threatening to quit</a> the Canadian province), <a href="https://www.masslive.com/politics/2016/08/gov_charlie_baker_signs_law_regulating_uber_and_lyft_in_massachusetts.html" target="_blank" rel="noopener">fare regulation in Massachusetts</a> and driver accreditation requirements in <a href="https://www.transport.nsw.gov.au/newsroom-and-events/media-releases/transport-for-nsw-statement-regarding-ride-sharing-apps" target="_blank" rel="noopener">several</a> <a href="https://www.intellinews.com/uber-reaches-agreement-with-the-czech-government-138071/" target="_blank" rel="noopener">jurisdictions</a>. <h2>Regulating contractors as contractors</h2> Regulating gig work without redefining gig workers as employees is not just politically easier, and hence more sustainable. It is also more effective policy. It enables regulation to be <a href="https://research-repository.griffith.edu.au/bitstream/handle/10072/405187/Peetz498000-Accepted.pdf?sequence=2&isAllowed=y" target="_blank" rel="noopener">tailored to circumstances</a>. For example it may mean applying an hourly wage rate in one sector, and a piece rate of some sort in another. For example, a New York state inquiry into how to regulate passenger transport came up with an amount expressed like taxi charges – that is, dollars per kilometre travelled – drivers needed to be paid to earn the <a href="https://news.yahoo.com/judge-rules-lyft-must-york-rules-driver-minimum-010416081.html" target="_blank" rel="noopener">equivalent of the state’s minimum wage</a> (taking into account waiting times, average speeds and so on). Different panels of the Fair Work Commission could determine different forms of gig economy regulation for different industries. Legislation does not need to specify how regulation should be expressed. It just needs to make sure that the Commission has all the power it needs, to regulate in whatever way it sees fit. <h2>Levelling the playing field</h2> The Transport Workers’ Union – which has a number of former officials in the Albanese government – has a long history of successfully promoting regulation of safety conditions for independent contractors (such as truck owner-drivers) without rebadging workers as employees. In the 1970s, for example, it persuaded the Wran government in NSW to introduce amendments to the NSW Industrial Relations Act that have made roads safer. The Albanese government does not need to legislate specific regulation. It just needs give the Fair Work Commission the power it needs to regulate in whatever way it sees fit, setting a minimum hourly rate or something else. The law must also direct the commission to set minimum standards in a way that ensures gig workers are paid as much as comparable award-covered employees, taking account of expenses. (Contractors often pay for costs that, if they were employees, would be covered by their employer.) This sort of direction is important to ensure neutrality between the costs of using employees or contractors. This article originally appeared on <a href="https://theconversation.com/how-australias-gig-workers-may-remain-contractors-under-labors-reforms-186197" target="_blank" rel="noopener">The Conversation</a>. Image: Shutterstock

Money & Banking

Not a ‘relationship’: why the legal language of child abuse needs to change

The ACT government has <a href="https://www.cmtedd.act.gov.au/open_government/inform/act_government_media_releases/rattenbury/2022/act-government-strengthening-family-violence-laws" target="_blank" rel="noopener">announced</a> plans to <a href="https://www.legislation.act.gov.au/b/db_65584" target="_blank" rel="noopener">change the name</a> of the criminal offence of engaging in a “sexual relationship with child or young person under special care” to “persistent sexual abuse of child or young person under special care”. ACT Attorney-General Shane Rattenbury <a href="https://www.abc.net.au/news/2022-02-10/act-bill-change-legal-definition-child-sexual-assault-grace-tame/100817058" target="_blank" rel="noopener">explained</a> this change was inspired by public advocacy by victim-survivors, including 2021 Australian of the Year Grace Tame. The change was made because, for many, the term “relationship” implies the victim was a willing participant in their abuse, adding to the often <a href="https://theconversation.com/review-louise-milligans-witness-is-a-devastating-critique-of-the-criminal-trial-process-148334" target="_blank" rel="noopener">gruelling experience</a> of complainants in sexual assault trials. In 2019, Tasmania made similar reforms in response to <a href="https://www.justice.tas.gov.au/__data/assets/pdf_file/0004/561163/Submission-Knowmore-Renaming-sexual-offences.PDF" target="_blank" rel="noopener">sustained</a> <a href="https://www.justice.tas.gov.au/__data/assets/pdf_file/0003/561162/Submission-EROC-Renaming-sexual-offences.PDF" target="_blank" rel="noopener">advocacy</a>. In that case, the government changed the name of the crime of “maintaining an unlawful relationship with a child” to “<a href="http://classic.austlii.edu.au/au/legis/tas/consol_act/cc192494/s125a.html" target="_blank" rel="noopener">persistent sexual abuse of a child</a>”. Critics had <a href="https://www.abc.net.au/news/2019-08-15/call-for-sexual-assault-laws-overhaul-in-tasmania/11414982" target="_blank" rel="noopener">said</a> the original wording “normalised” sexual offending against children and suggested the child was a voluntary participant. These reforms are the latest chapter in law-making efforts, going back to the 1990s, which aim to craft criminal laws that capture this kind of offending. In recent years the Child Abuse Royal Commission reviewed the relevant laws. The commission found the laws in most states and territories were not working as designed. This has renewed attention to the issue and created an opportunity for reform across the country. <h2>Why the language of the law matters</h2> According to journalist and survivor-advocate Nina Funnell, the “sanitised” language of a relationship <a href="https://www.news.com.au/national/the-australian-states-where-raping-children-is-called-maintaining-a-relationship/news-story/d488b5764056c95224fa369f1eda46f2" target="_blank" rel="noopener">exacerbates</a> the trauma of survivors, painting them as active participants in a mutual romance. These criticisms are backed by research <a href="http://classic.austlii.edu.au/au/journals/AdelLawRw/2021/1.html" target="_blank" rel="noopener">showing</a> that, in some cases, courts have interpreted the crime of an “unlawful sexual relationship” by comparing it to “<a href="https://www.queenslandjudgments.com.au/caselaw/qca/2014/48" target="_blank" rel="noopener">ordinary</a>” sexual relationships between mutually consenting adults. This has made it <a href="https://www.queenslandjudgments.com.au/caselaw/qca/2018/213" target="_blank" rel="noopener">necessary to prove</a> there has been consistent, ongoing sexual contact. Cases where abuse is sporadic or <a href="https://www.queenslandjudgments.com.au/caselaw/qca/2009/181" target="_blank" rel="noopener">opportunistic</a> might not be enough. This is at odds with social science evidence that sexual abuse is often opportunistic. In fact, labelling abuse as a “relationship” mirrors the <a href="https://journals.lww.com/forensicnursing/Fulltext/2008/09000/Cognitive_distortions_in_child_sex_offenders__An.3.aspx" target="_blank" rel="noopener">distorted thinking</a> of many perpetrators. <h2>What about the other states and territories?</h2> The term “relationship” is <a href="https://eprints.qut.edu.au/232485/" target="_blank" rel="noopener">now used</a> in the laws of all states and territories except for Victoria and Western Australia. Although reforms in Tasmania and the ACT change the name of the offence, the words “relationship” or “sexual relationship” still appear in the legislation. In fact, in the past few years, both South Australia and New South Wales have changed their laws from “persistent sexual exploitation” or “persistent sexual abuse” to “maintaining an unlawful sexual relationship”. This reflects the <a href="https://www.childabuseroyalcommission.gov.au/criminal-justice" target="_blank" rel="noopener">recommendations</a> of the Child Abuse Royal Commission that all Australian states and territories adopt this language in their criminal laws. This was despite the commission’s <a href="https://www.childabuseroyalcommission.gov.au/sites/default/files/file-list/final_report_-_criminal_justice_report_-_parts_iii_to_vi.pdf" target="_blank" rel="noopener">acknowledgement</a> this language did not match the “exploitation” of repeated sexual offending against a child. So why did the commission recommend this language? Simply, because it works. Child sexual abuse is one of the most under-punished crimes in Australia. The purpose of the royal commission’s recommendations was to ensure these offences were <a href="https://www.childabuseroyalcommission.gov.au/sites/default/files/file-list/factsheet_-_criminal_justice_report_-_outline_of_recommendations_0.pdf" target="_blank" rel="noopener">made more effective</a> by reflecting the way victims remember repeated child sexual abuse. Our legal system normally requires crimes to be charged individually, with specific details like the time and location of an offence. This gives the accused the best possible chance to mount a defence. However, it is very normal for a survivor of persistent sexual abuse to remember the abuse as a whole and not as individual acts. This creates what two justices of the South Australian Supreme Court have <a href="https://www.adelaidenow.com.au/news/south-australia/supreme-court-warns-of-law-that-makes-it-harder-to-convict-paedophiles-for-longterm-sex-abuse/news-story/68545fdf9e1c4938d4d97c951a10b6b3" target="_blank" rel="noopener">called</a> a “<a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SASCFC/2015/170.html?context=1;query=paradox" target="_blank" rel="noopener">perverse paradox</a>”: that “the more extensive the sexual exploitation of a child, the more difficult it can be proving the offence”. As a result, all Australian states and territories have laws that allow repeated sexual offending against a child to be charged as a single offence. However, in most jurisdictions, juries must still be able to identify and unanimously agree on a minimum number of separate occasions of abuse. This undermines the effectiveness of the laws by requiring complainants to recall details of specific events. At the time of the royal commission, the Queensland law was unique in allowing a jury to convict if they agreed an unlawful sexual relationship existed, even if they did not unanimously agree on specific acts of sexual offending. This overcame the “perverse paradox”. For that reason, the royal commission drafted model legislation using the Queensland wording, labelling the crime “maintaining an unlawful sexual relationship with a child”, and requiring a jury to unanimously agree there was a relationship but not on individual acts of abuse. <h2>Future reforms</h2> Many states and territories have now partly implemented the royal commission’s recommendations, but more work needs to be done. Four states and territories still require evidence of individual acts of sexual offending. This includes the only two states, Victoria and Western Australia, that do not describe the crime as a “relationship” anywhere in their legislation. <a href="https://www.thegracetamefoundation.org.au/the-harmony-campaign" target="_blank" rel="noopener">Calls</a> for national reform of these offences using language that accurately names the crime are timely and well justified. Future reforms should tell the truth about this crime: it is persistent sexual abuse of a child, not a relationship. Reform should also create laws that give survivors a chance to secure justice through the courts. This article originally appeared on <a href="https://theconversation.com/not-a-relationship-why-the-legal-language-of-child-abuse-needs-to-change-184453" target="_blank" rel="noopener">The Conversation</a>. Image: Shutterstock

Legal

“Change needs to happen”: Baldwin tragedy sparks reform

The accidental shooting on the set of Rust has <a rel="noopener" href="https://screenrant.com/rust-movie-shooting-petition-real-gun-set-details/" target="_blank">prompted a petition</a> to ban the use of real guns on movie sets. Production on the Western flick has come to an indefinite halt after Rust’s star and producer <a rel="noopener" href="https://www.oversixty.com.au/news/news/alec-baldwin-allegedly-shot-and-killed-cinematographer" target="_blank">Alec Baldwin</a> accidentally discharged a firearm, resulting in the death of cinematographer Halyna Hutchins. The film’s writer/director, Joel Souza, was also injured in the incident. The accident has sent shockwaves through the industry, with Baldwin sharing his “shock and sadness” later that day. Fellow cast member Jensen Ackles also took to social media after the incident, describing Hutchins as “an inspiration” and sharing that he donated to the Halyna Hutchins Memorial Scholarship Fund, started by the American Film Institute. <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CVbXNsDg-We/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" rel="noopener" href="https://www.instagram.com/p/CVbXNsDg-We/?utm_source=ig_embed&utm_campaign=loading" target="_blank">A post shared by Jensen Ackles (@jensenackles)</a> </div> </blockquote> A <a rel="noopener" href="https://www.change.org/p/hollywood-it-s-time-to-create-halyna-s-law-which-will-ban-the-use-of-real-firearms-on-film-production-sets-and-create-a-safe-working-environment-for-everyone-involved" target="_blank">Change.org petition</a> with the intent of banning live firearms from movie and television sets was started by filmmaker Bandar Albuliwi, one of Hutchins’ friends and former classmates. The petition also references a similar incident almost 30 years ago on the set of The Crow, which caused the death of actor Brandon Lee. His fiancee, Eliza Hutton, has since <a rel="noopener" href="https://celebrity.nine.com.au/latest/brandon-lee-fiancee-breaks-silence-28-years-after-actor-killed-the-crow-movie-set-rust-shooting/dd3ffc27-674d-44a1-aa71-e0e27558d6ab" target="_blank">spoken out</a> following the Rust tragedy. “Twenty eight years ago, I was shattered by the shock and grief of losing the love of my life, Brandon Lee, so senselessly,” she told People magazine. “My heart aches now for Halyna Hutchins’ husband and son, and for all those left in the wake of this avoidable tragedy.” Hutton also shared a snap of her and Lee on Twitter, with the pointed message, “There’s no such thing as a prop gun.” <blockquote class="twitter-tweet"> There’s no such thing as a prop gun <a href="https://t.co/u8NeVoRVYJ">pic.twitter.com/u8NeVoRVYJ</a> — Eliza Hutton (@ElizaHutton1) <a href="https://twitter.com/ElizaHutton1/status/1451941455866445824?ref_src=twsrc%5Etfw">October 23, 2021</a></blockquote> The petition, which has since received 60,000 signatures, calls on Baldwin to “use his power and influence in the Hollywood industry to make change and ban real guns on film sets”. “We need to make sure that this avoidable tragedy never happens again,” Albuliwi writes. “There is no excuse for something like this to happen in the 21st century. “Change needs to happen before additional talented lives are lost.” Image: @jensenackles / Instagram

Movies

"Life is precious": Scott Morrison in tears over Aged Care reform

Prime Minister Scott Morrison appeared to get emotional while addressing the report on the Royal Commission into Aged Care Quality and Safety. With 147 recommendations made to fix the broken sector, Mr Morrison tearfully committed at least $452 million in funding. “Life is to be lived every single second, every single minute. It is precious. This is something I have believed my entire life, life is precious,” he told reporters from Kirribilli House. “You don’t wait it out. And the fact that Australians feel they are waiting out their life, it’s impossible to put into words how you respond to that.” "So generational change is needed. I thank the commissioners because they're honest because they know there are no easy fixes." <img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7840076/scott-morrison-1.jpg" alt="" data-udi="umb://media/c5bed4ab76bf469c81d96bda13373b57" /> The report was over 200 pages long, Health Minister Greg Hunt said when it was released. He went on to say the Aged Care Act of 1997 would be torn up, telling reporters: “That will be a significant process but it’s based on a simple concept of respect for the individual, instead of being about providers, instead of it being about money.” The half a billion dollar funding package will aim to tackle five key areas head on within the aged care sector: Home care, residential aged care quality and safety, residential aged care services and sustainability, workforce and governance. The Prime Minister said the future of aged care will not be in retirement homes, but in managed care within somebody's home. <img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7840077/scott-morrison.jpg" alt="" data-udi="umb://media/4dc653cad8684f26a02fa9b24809b291" /> "The future, substantively, overwhelmingly, particularly over time, will not be in facilities. They'll be in people's homes. And there will be a range of supports that are provided," Mr Morrison said. "Not unlike how you see individual care packages developed for people under the NDIS."

News

Reforming ‘dad leave’ is a baby step towards greater gender equality

Grattan Institute <a href="https://grattan.edu.au/report/cheaper-childcare/">research published today</a> shows the average 25-year-old woman who goes on to have a child can expect to earn A$2 million less by the time she is 70 than the average 25-year-old man who becomes a father. For childless women and men, the lifetime gap is about A$300,000. This earnings gap leaves mothers particularly vulnerable if their relationship breaks down. Unpaid work still falls largely on women The income gap between mothers and fathers is typically due to women reducing their paid work to take on most of the caring and household work. Even before COVID-19, Australian women were doing 2.2 fewer hours of paid work on average but <a href="https://stats.oecd.org/Index.aspx?DataSetCode=GENDER_EMP">2.3 more hours of unpaid work</a> than men every day. The following chart shows how women’s and men’s time use diverges after the birth of their first child. Mothers typically reduce their paid work to take on the lion’s share of caring and household work. The change for fathers is less dramatic. They continue their paid work and take on some extra caring. But habits stick. Even a decade after the birth of the first child, the average mother does more caring and twice as much household work as the average father. When one parent does most of the caring, they become more confident in looking after the child. <a href="https://www.quarterlyessay.com.au/essay/2019/09/men-at-work">They know</a> how to change the nappies, what food the child likes, and when nap time is. This knowledge tends to compound, leaving one parent with most of the parenting load. Dad leave can help Policy change can help different habits to form. Evidence from around the world – including <a href="https://journals.sagepub.com/doi/10.1177/0891243213503900">North America</a>, <a href="https://skemman.is/bitstream/1946/22378/1/a.2013.9.2.4.pdf">Iceland</a>, <a href="https://www.cambridge.org/core/journals/journal-of-social-policy/article/parental-leave-and-domestic-work-of-mothers-and-fathers-a-longitudinal-study-of-two-reforms-in-west-germany/0091E9A20481C242D73F044FDDDBAC34">Germany</a>, <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5415087/">Britain and Australia</a> – shows fathers who take a significant period of parental leave when their baby is born are more likely to be more involved in caring and other housework years later. But the Australian government’s paid parental leave scheme encourages a single “primary carer” model. The primary carer is eligible for 18 weeks of <a href="https://www.servicesaustralia.gov.au/individuals/services/centrelink/parental-leave-pay">Parental Leave Pay</a> at minimum wage (as well as any employer entitlements). In 99.5% of cases that leave is <a href="https://grattan.edu.au/report/cheaper-childcare/">taken by mothers</a>. Secondary carer leave, called “<a href="https://www.servicesaustralia.gov.au/individuals/services/centrelink/dad-and-partner-pay">Dad and Partner Pay</a>”, is two weeks at minimum wage. Many other countries provide much longer periods of parental leave for fathers and partners, sometimes referred to as “daddy leave”, as the following table shows. Iceland, for example, provides three months’ paid leave to each parent and a further three months for them to divide as they wish. Sweden’s scheme entitles each parent to three months of parental leave, plus ten months parents can divide as they wish. The schemes with the highest take-up typically pay 70% or more of the recipient’s normal earnings, as opposed to the minimum wage Australia’s scheme pays. But a generous scheme is still no guarantee of success. Social expectations about different roles for men and women at work and home can still be a barrier. This appears evident in Japan and South Korea. Despite generous schemes offering 52 weeks of leave for fathers, paid at more than two-thirds of normal earnings, just <a href="https://www.theatlantic.com/family/archive/2020/01/japan-paternity-leave-koizumi/605344/">6% of Japanese fathers</a> and <a href="https://www.scmp.com/week-asia/lifestyle-culture/article/3048455/south-koreas-paternity-leave-taboo-blame-it-confucius">13% of Korean fathers</a> take parental leave. A modest policy proposal For a “daddy leave” scheme to have the best chance of success in Australia, the government would need to spend a lot of money and political capital. Emulating a best-practice parental leave scheme like Iceland’s would cost at least A$7 billion a year. A scheme where government payments are linked to an individual’s normal salary would encourage take-up. But the cost would dwarf the <a href="https://www.dss.gov.au/publications-articles-corporate-publications-annual-reports/department-of-social-services-annual-report-2018-19-0">A$2.3 billion</a> the federal government currently spends on parental leave, and the biggest benefits would go to wealthy families. Almost all Australian government payments are strictly means-tested, so payments proportional to salary would be a radical policy departure. One option is a paid parental leave scheme that gives parents <a href="https://grattan.edu.au/report/cheaper-childcare/">more flexibility to share leave</a>. Six weeks reserved for each parent plus 12 weeks to share between them would allow mothers to still choose to take the 18 weeks now provided to primary carers. But families could also make other choices, and fathers would get more time early on to bond with their child and develop their parenting skills. This would be a relatively cheap reform. If paid at minimum wage like the existing scheme, it would cost at most an extra A$600 million a year. Baby steps to equality Reforming Australia’s paid parental leave is not the first and best option to increase women’s workforce participation. Our research shows changes such as <a href="https://grattan.edu.au/report/cheaper-childcare/">making child care more affordable</a> are likely to deliver more bang for buck. But there is still a case for modest reforms to parental leave. Though it might not be <a href="https://journals.sagepub.com/doi/abs/10.1177/0958928712440201?journalCode=espa">a game-changer</a> for women’s workforce participation, if constructed properly it will have some effect. This is supported by evidence from Quebec’s parental leave scheme. Introduced in 2006, it included five non-transferable weeks for fathers, paid at about 70% of their usual salary. A <a href="https://cepr.org/sites/default/files/events/papers/4576_PATNAIK%20-%20Reserving%20Time%20for%20Daddy.pdf">2014 study</a> found it led to mothers, on average, doing an extra hour of paid work a day, earning an extra US$5,000 a year. More fathers taking parental leave is also worthwhile in its own right, promoting greater sharing of the unpaid workload within families and giving fathers more time with their kids. Think of it as a baby step towards greater time and earnings equality between women and men in Australia. Written by Owain Emslie, Danielle Wood and Kate Griffiths. Republished with permission of <a href="https://theconversation.com/reforming-dad-leave-is-a-baby-step-towards-greater-gender-equality-144113">The Conversation.</a>

Beauty & Style

Dismantling the police: lessons from three places that tried it

The killing of George Floyd by Minneapolis police officers sparked protests across the US and brought the Black Lives Matter movement back to the forefront of American politics. The intensity of these protests means that previously unthinkable demands for radical reform are now on the table. The defunding of America’s heavily armed police forces, a long-term demand of racial justice activists, looks increasingly achievable. In early June, a veto-proof supermajority of Minneapolis City council members supported efforts to <a href="https://theappeal.org/minneapolis-city-council-members-announce-intent-to-disband-the-police-department-invest-in-proven-community-led-public-safety/">“dismantle” and “abolish”</a> the police department and replace it with a new system of community policing. In Los Angeles, the mayor put forward a proposal to <a href="https://www.latimes.com/california/story/2020-06-03/lapd-budget-unrest-garcetti">divert between US$100 million and US$150 million</a> from the police department to invest in jobs and education for communities of colour. What this would look like in practice is still unclear. While reforms need to be matched to the specific national context and goals, there are a number of countries that have attempted to defund, demobilise and radically reform their police forces. Although this often occurs following armed conflict, the experience of three places in particular can provide important lessons for today. Iraq and de-Ba’athification Following the 2003 occupation of Iraq, the US ambassador Paul Bremer took the decision to “de-Ba’athify” the Iraqi state by removing civil servants from the era of Saddam Hussein en masse. US military planners <a href="https://www.jstor.org/stable/resrep12200">had assumed</a> they would inherit a functioning state, including the security system. However de-Ba’athification changed this by essentially disbanding the Iraqi security forces, leaving its personnel with no re-integration programme or alternative source of work. This top-down imposition created <a href="https://doi.org/10.1080/02684521003588120">a large pool of unemployed men</a>, many of whom retained their access to arms and explosives in the post-war chaos. Many felt humiliated and hostile to the US forces, which <a href="https://books.google.co.uk/books/about/Surge.html?id=9dQ_AQAAQBAJ&redir_esc=y">researchers have argued</a> led to the <a href="https://books.google.co.uk/books/about/Surge.html?id=9dQ_AQAAQBAJ&redir_esc=y">political basis for the subsequent Iraqi insurgency</a>. From the elite level to the rank-and-file, these newly desperate men helped to create and sustain the insurgency, with many of Hussein’s ex-generals and spies going on to <a href="https://time.com/3900753/isis-iraq-syria-army-united-states-military/">direct the activities of the Islamic State group</a>. The Minneapolis Police Department will not be demobilised into an environment of generalised chaos, foreign occupation and sectarian violence. Nevertheless, the blunders in post-war Iraq provide a clear lesson: you shouldn’t take jobs away from people who are trained in the use of coercion and violence without some idea of how to retrain and reintegrate them. In the US context this would be unlikely to lead to outright civil conflict as in Iraq – although anything is possible. A more realistic worry is that the police could simply move sideways into private security, a <a href="https://pulitzercenter.org/reporting/industry-inequality-why-world-obsessed-private-security">quickly expanding sector</a> that was ironically trialled <a href="https://www.brookings.edu/articles/the-dark-truth-about-blackwater/">with horrifying results</a> in Iraq and Afghanistan. The extended use of private security on US soil could be even <a href="https://doi.org/10.1080/0731129X.2012.740907">more violent and less accountable</a> than the current system of policing. Guatemala – rebranding not reform The end of the 36-year-long Guatemalan civil war in 1996 saw an ambitious peace programme. It promised to demilitarise the country’s internal security by transitioning from a brutal military-led counterinsurgency to a civilian police force. However, in practice the reforms failed to effectively move past the legacy of wartime repression. One important factor was that the newly democratic government adopted wholesale the model of the Spanish Guardia Civil, a highly militarised internal security force. The Guardia Civil has been used for internal repression in Spain since its <a href="https://english.elpais.com/elpais/2014/10/20/inenglish/1413807111_949949.html">inception</a> in the mid-19th century, to the recent attempts to <a href="https://www.independent.co.uk/news/world/europe/catalonia-independence-referendum-catalan-police-storm-ministries-arrested-josep-maria-jov-a7956581.html">target the Catalan independence movement</a>. Guatemala’s decision to follow the Spanish model ran against the idea of a new policing approach even at the time. The reasoning behind the government’s decision was unclear, but bears the hallmarks of the continued influence <a href="https://www.jstor.org/stable/3339023">of the Guatemalan military establishment</a>. The outcome is a security state that is still extremely violent towards both <a href="https://www.insightcrime.org/news/brief/extrajudicial-killings-on-the-rise-in-guatemala/">suspected criminals</a> and <a href="https://nacla.org/news/2018/06/21/terror-guatemala">political activists</a>. The lesson for the US here is that meaningful reform requires a clear sense of direction rather than simply a re-packaging of the existing model. Beyond this, it also shows the dangers of a fragmented security system. Changing the practices of local police forces will be less effective if agencies such as immigration and customs enforcement are able to continue engaging <a href="https://www.aclu.org/issues/immigrants-rights/ice-and-border-patrol-abuses">in widespread violence</a>. This is a particular vulnerability for the US, given its <a href="https://journals.sagepub.com/doi/abs/10.1177/0022343320913089">overlapping security agencies</a> which lack centralised Federal control. Bougainville and bottom-up reform More positive lessons can be taken from the experiences of countries that have radically re-orientated their policing model away from retribution and towards reconciliation and restoration. The autonomous region of Bougainville, <a href="https://www.npr.org/2019/12/30/789697304/trying-to-form-the-worlds-newest-country-bougainville-has-a-road-ahead?t=1591805961684">likely to become the world’s newest nation</a>, used the end of a secessionist conflict with Papua New Guinea in 1998 as an opportunity to return to a form of community justice which emphasised honesty, forgiveness and rehabilitation. This functioned as a way of overcoming wartime trauma and encouraging reconciliation but was also extended out as a general policing model. This approach, while supported by international donors and peacekeepers, relied on long-standing local customs and practice. The result is a society which, while not problem free, is <a href="https://www.researchgate.net/publication/273755447_Bougainville_Community_Crime_Survey_2006">significantly safer</a> than the rest of Papua New Guinea. Crucially, the community-based police force enjoys <a href="http://dx.doi.org/10.1080/13533312.2013.853961">broad popular support</a> among previously victimised rural communities. The US can’t replicate the traditional cultural practice of Bougainville, but it can learn the lessons from its experience. Rather than imposing a particular model, local politicians and international peacekeepers empowered local people to take control of their own safety and security. It is this bottom-up, consensual approach that can form the basis of effective security reform in the US. Written by Daniel Odin Shaw. Republished with permission of <a href="https://theconversation.com/dismantling-the-police-lessons-from-three-places-that-tried-it-140303">The Conversation.</a>

Caring

Do Aussies need more reforms to get better health cover?

Do you want better value from your health cover? Recent reforms went into effect to make health insurance simpler, but figuring out your policy can still be a headache. Fortunately, this article shows you what the reforms changed and what your options are to save money without sacrificing coverage. What is health reform? Government reforms went into effect just a year ago, but more changes are suggested. In fact, a recent study by the Grattan Institute on public policy shows that up to 60 per cent of Australians will drop their private cover by 2030 if nothing changes. Among the recent reforms is a change in how insurers can price premiums. Insurers now have the option to offer <a href="https://healthinsurancecomparison.com.au/form/step1/?utm_source=over60&utm_medium=sponsoredarticle&utm_campaign=hic-directgroup-april&utm_content=sponsoredarticle-doaussiesneedmorereforms&utm_term=in-text">lower premiums</a> to younger individuals while providing them with the same coverage. The truth is, incentivising more 18 to 29 year-olds to keep private cover might actually help to lower overall prices for everyone’s insurance. Keep reading to find out why. Find better health cover High premiums can cause young people to drop out of the private cover system. Consequently, premiums then go up for everyone else to make up the cost, creating a vicious circle where more young adults then drop out. Unfortunately, many people don’t have that option. They need the cover. And that means they will have to ride out price fluctuations — unless there’s a better solution. The bottom line is that it benefits all of us to make private cover simpler and more appealing to everyone. Although health insurance reforms are still settling and may change again in the future, there are options to find better value now. Here’s how you do it: Step 1: Select your current life stage below. Step 2: Once you select your preferred coverage options, you will have the opportunity to compare quotes from multiple health funds. <a rel="noopener" href="https://healthinsurancecomparison.com.au/form/step1/?utm_source=over60&utm_medium=sponsoredarticle&utm_campaign=hic-directgroup-april&utm_content=sponsoredarticle-doaussiesneedmorereforms&utm_term=widget" target="_blank"><img style="width: 500px; height: 240.3973509933775px;" src="https://oversixtydev.blob.core.windows.net/media/7835399/screen-shot-2020-03-31-at-33632-pm.png" alt="" data-udi="umb://media/f3ec175b10d84c0a9b0e9d5bd363e6c9" /></a> Many Aussies are switching cover and finding more value, even with a system that isn’t perfect. <a href="https://healthinsurancecomparison.com.au/form/step1/?utm_source=over60&utm_medium=sponsoredarticle&utm_campaign=hic-directgroup-april&utm_content=sponsoredarticle-doaussiesneedmorereforms&utm_term=in-text">Health Insurance Comparison</a> helps with that. We offer a free way to compare prices and policy options online. Using our free health cover comparison tool means: <ul> <li>Convenient, at-home cover comparisons.</li> <li>Realistic quotes for premium prices.</li> <li>Assistance from experts to ensure proper coverage.</li> </ul> Private health insurance has long been criticised for being too expensive and too difficult to understand. And most of us can agree that changes need to happen. But that doesn’t help people who need cover in the meantime. Currently, more than half of all Aussies have private health insurance. But is having cover the same as having the best value cover? It’s important to understand what your cover includes and what you’re getting for the price you’re paying, and we can help with this. You can’t afford to wait for more government reforms to make private health insurance simpler and easier to understand. Fortunately, online tools like Health Insurance Comparison simplify the process for finding better value in cover. All you have to do is <a href="https://healthinsurancecomparison.com.au/form/step1/?utm_source=over60&utm_medium=sponsoredarticle&utm_campaign=hic-directgroup-april&utm_content=sponsoredarticle-doaussiesneedmorereforms&utm_term=in-text">visit the online comparison tool</a>, enter your life stage, postcode, and age, and you’ll be directed to the most affordable policies for you. Find better health cover at <a href="https://healthinsurancecomparison.com.au/form/step1/?utm_source=over60&utm_medium=sponsoredarticle&utm_campaign=hic-directgroup-april&utm_content=sponsoredarticle-doaussiesneedmorereforms&utm_term=in-text">Health Insurance Comparison</a>. Get started now: Step 1: Select your state below. Step 2: After answering a few questions, you will have the opportunity to compare quotes in your area and could be eligible for significant savings. <a rel="noopener" href="https://healthinsurancecomparison.com.au/form/step1/?utm_source=over60&utm_medium=sponsoredarticle&utm_campaign=hic-directgroup-april&utm_content=sponsoredarticle-doaussiesneedmorereforms&utm_term=widget" target="_blank"><img style="width: 450.6242905788876px; height: 500px;" src="https://oversixtydev.blob.core.windows.net/media/7835400/screen-shot-2020-03-31-at-33620-pm.png" alt="" data-udi="umb://media/26af7a6afab74a68825601aae01cb749" /></a> References The Guardian https://www.theguardian.com/australia-news/2019/dec/04/up-to-60-of-australians-will-drop-private-health-by-2030-without-reform-report-finds iSelect https://www.iselect.com.au/health-insurance/reforms/ Department of Health https://www.health.gov.au/health-topics/private-health-insurance/private-health-insurance-reforms Department of Health https://www1.health.gov.au/internet/main/publishing.nsf/Content/private-health-insurance-reform-rules-2018 PrivateHealth.gov.au https://www.privatehealth.gov.au/health_insurance/phichanges/index.htm NIB https://www.nib.com.au/health-information/healthcare-in-australia/private-health-insurance-reforms This article is opinion only and should not be taken as medical or financial advice. Check with a financial professional before making any decisions. <div class="body-container"> <div> <div class="body-container"> <div>This article is made in partnership with Health Insurance Comparison.</div> </div> </div> </div>

Money & Banking

Australian Government reveals Medicare reforms

According to the <a href="http://www.aihw.gov.au/media-release-detail/?id=60129552034" target="_blank">Australian Institute of Health and Wefare</a>, one in five Australians suffer from chronic medical conditions such as diabetes, cancer and heart disease. Prime Minister Malcolm Turnbull and Health Minister Sussan Ley released a statement saying the new Healther Medicare reforms would provide sufferers of illnesses such as these with their own healthcare plan. So, what does this mean for you? The reforms propose the following measures: <ul> <li>Establishing “Health Care Homes,” a combined medical and allied health service for chronic illness sufferers in their own homes</li> <li>Encouraging patients to learn about and use technology for health management by offering after-hours medical care via telephone, email or voice calling</li> <li>Sharing collected data to measure and improve national primary healthcare</li> </ul> The program will be rolled out to 65,000 people in an initial trial through around 200 medical practices, however a supposed lack of planning has drawn criticism from the Opposition. Labor’s health spokeswoman Catherine King told <a href="http://www.abc.net.au/news/2016-03-31/turnbull-says-medicare-changes-will-help-health-system/7286474" target="_blank">ABC News</a>, “There's no money attached to it, no starting date … no detail about who is going to eligible.” King added that though the idea is sound, the program is difficult to put into motion. The Federal Government has responded that the trial will begin on July 1 next year and shouldn’t incur any extra costs as patients already have access to these services. These proposed changes will be put forth for discussion tomorrow at the Council of Australian Governments talks in Canberra. Related links: <a href="/finance/insurance/2016/03/how-to-avoid-hidden-costs-at-the-hospital/">How to avoid hidden costs at the hospital</a> <a href="/health/body/2016/03/signs-you-might-have-a-heart-attack/">6 signs you could be at risk of a heart attack</a> <a href="/health/body/2016/03/silent-symptoms-of-diabetes/">5 silent symptoms of diabetes you could be missing</a>

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ACCI urges government to provide Aged Pension on a loan basis

The nation’s peak business chamber, the Australian Chamber of Commerce and Industry, has urged the government to use the May budget to curb what it calls “runaway spending” on aged pensions, family tax benefits and childcare, to avoid a Greek-style debt crisis. The Australian reports there are “new calls for the government to find extra spending cuts, including by tightening the means tests on several social-welfare programs that cost billions of dollars a year.” The ACCI’s pre-budget submission says unless public spending “is brought under control, the Australian economy will gradually be crippled by increasing taxes and growing public debt, both of which are unsustainable”. “If Australia waits until the system breaks, we will consign the next generation to painful readjustments similar to those taking place in southern Europe,” the submission says. One of the key parts of the ACCI submission is to review the Aged Pension and to turn into a loan. The ACCI wants the government to force retirees who own homes to transform the pension into a loan which would then be repaid when the home is sold. "It seems irrational really for a family home not to be counted when you look at pensioners' capacity to fund themselves," chamber's chief executive Kate Carnell told ABC. "For people in multi-million dollar homes that really are keeping those homes for the purpose of I suppose giving them to their children when they die." Ms Carnell argued that Australia is in no place to afford middle class welfare such as Family Tax Benefit Part B and the Child Care Rebate. "With Family Benefit Part B, now that was brought in when Australia had a surplus, when we could afford to pay for it," Ms Carnell said. "We don't have a surplus now, we have a deficit and quite a significant one, so why don't we look at situations where people who currently get Family Benefit Part B keep it but new people can't go onto it. "I think we've got to accept that we can't afford in Australia now what it's costing us to run government." Related links: <a href="/finance/money-banking/2016/01/app-shows-you-where-the-rich-invest/">New app reveals where rich people invest</a> <a href="/finance/money-banking/2016/01/differences-in-how-we-use-credit-cards-and-cash/">Surprising differences in how we use credit cards and cash</a> <a href="/finance/money-banking/2016/01/benefits-of-living-in-a-granny-flat/%20%20%20">Hidden benefits of living in a granny flat</a>

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ACCI urges government to provide Aged Pension on a loan basis

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