2019 - Consumer Action Law Centre

FinTech and RegTech should support positive outcomes for consumers
Senate Select Committee on Financial Technology and Regulatory Technology – Inquiry into Financial Technology and Regulatory Technology

While we support the development of innovative services and business models that genuinely meet the needs of consumers much of the existing legal and regulatory frameworks are no longer fit for purpos...

Lack of minimum efficiency standards put renters at greater risk of energy debts
Department of Justice and Community Safety - Residential Tenancies Regulations 2020 Regulatory Impact Statement

The financial counsellors working on Consumer Action's National Debt Helpline service provided financial counselling to over 11,000 people in the 2018/19 financial year. Often issues with low quality...

Fairness must drive consumer policy in 2020

by Gerard Brody, CEO of Consumer Action Law Centre Fairness will be the big issue in consumer policy during 2020. It is being talked about like never before. This follows on from Kenneth...

A dynamic year for consumer advocacy

There’s no denying that 2019 was a dynamic one for Consumer Action, bringing a wave of change for consumer rights in Australia. You can find out more about what we’ve been up to this past year in our...

Holiday Hours 2019-20

Consumer Action Law Centre and our branch of the National Debt Helpline will be working on limited operating hours during the December-January holiday period. Date Consumer Action Legal Help...

Strong compliance and enforcement is needed in telecommunications industry
Australian Communications and Media Authority - ACMA compliance priorities 2020-21 (consultation 36/2019)

Consumer Action receives 2-3 new calls per week through our legal assistance and worker advice lines or the National Debt Helpline about clients who are negatively affected by unaffordable phone debt....

Submission: Inquiry into credit and financial services targeted at Australians at risk of financial hardship

Interim ban on unsolicited sale of direct life insurance and consumer credit insurance
Australian Investments and Securities Commission - Draft legislative instrument and revised Regulatory Guide 38

Consumer Action commented on a draft legislative instrument and revisions to ASIC Regulatory Guide 38: The Hawking Provisions (DraftRG38) relating to ASIC’s proposed interim ban on outbound telephone...

Tricky terms in electricity and gas contracts to be abolished

Victorian energy users are set to benefit from more clarity and fairness when it comes to their energy bills. This comes as a result of the Essential Services Commission (ESC) draft decision on Recomm...

ASIC’s overhaul of responsible lending guidance should focus lenders on the welfare of borrowers

Consumer Action Law Centre (Consumer Action) and Financial Rights Legal Centre (Financial Rights) say ASIC’s overhaul of its responsible lending guidance is a welcome announcement in the wake of the d...

Enhanced protections and clearer responsibilities will better support retirees
Engage Victoria – ‘Review of the Retirement Villages Act 1986’ Issues Paper

There are many systemic issues exist with retirement housing that adversely affect retirees’ wellbeing in their golden years. These include housing providers using threats of eviction to discourage re...

ASIC bans cold-calling telephone sales of life, funeral and consumer credit insurances

As the Australian Securities and Investments Commission (ASIC) bans life insurance and consumer credit insurance (CCI) providers from flogging products via outbound telephone sales, Consumer Action La...

Centre Alliance and Labor unite to force action on harmful payday loans and consumer leases

Consumer Action Law Centre (Consumer Action) welcomes the introduction today of legislation in the Senate by Labor and Centre Alliance, in the wake of Government inaction. The Bill is an important mea...

Victorian Government’s class action changes promote corporate accountability

The Victorian Government’s proposed changes to class action rules should enable greater access to justice and promote corporate accountability, according to Consumer Action Law Centre. The Justice...

CommInsure sentencing shows we need a blanket ban on unsolicited selling

In the wake of CommInsure’s breaches of anti-hawking laws, Consumer Action Law Centre (Consumer Action) says it’s time to take urgent and decisive action by implementing an economy-wide ban on unsolic...

Alert: Membo Finance Pty Ltd trading as Clear Loans

We have been contacted by a number of financial counsellors, community workers and the general public with serious concerns about ClearLoans. On its website ClearLoans advertises itself as “guarantor...

Victorian Default Offer price determination protects everyone’s right to a fair price for electricity in 2020

Consumer Action Law Centre (Consumer Action) welcomes the Essential Services Commission’s (ESC) announcement of ongoing price protection for household electricity supply in Victoria. The Victorian...

20,000 Australians demand the end of unfair insurance: Canberra

“Stand up to the insurance lobby” - that’s the message of leading consumer groups as they deliver signatures of over 20,000 Australians to Parliament House in Canberra. The groups anticipate the Fe...

Banks must offer better value bank accounts to struggling Australians

The updated Banking Code received authorisation yesterday from the Australian Competition and Consumer Commission (ACCC) and the ABA are now seeking final approval from the Australian Securities and I...

Data reveals billion-dollar payday lending industry driving Australians into debt

Over 20 consumer advocacy bodies from around the country have released new data revealing that predatory payday lenders are profiting from vulnerable Australians and trapping them in debt, as they cal...

The Debt Trap: How payday lending is costing Australians

The Debt Trap: How payday lending is costing Australians projected that the gross amount of payday loans undertaken in Australia will reach a staggering 1.7 billion by the end of 2019. It also found t...

Giving energy users access to fair finance for new energy tech
AA1000439 - New Energy Tech Consumer Code - consultation proposed amendments to draft code

Consumer Action Law Centre (Consumer Action) welcomes the opportunity to comment on the AA1000439 – New Energy Tech Consumer Code— consultation on proposed amendments to draft Code (Proposed Amendment...

Insurance pricing differences: New vs existing customers

Local councils must take financial hardship into account when collecting rates
Local Government Rating System Review

Financial counsellors assist clients who are experiencing financial hardship. Most of WEstjustice’s and Consumer Action’s clients are grappling with debts and meeting the high cost of living in Melbou...

Consumer protections in insurance about to take a much-needed leap forward

The general insurance industry’s new code of practice is a long awaited and necessary advancement, according to the Financial Rights Legal Centre (Financial Rights) and Consumer Action Law Centre (Con...

Access to basic bank accounts essential for vulnerable banking customers
ACCC – ABA Application for authorisation AA10000441, Amendments to the 2019 Banking Code of Practice, 31 October 2019 response

In our joint submission with Financial Rights Legal Centre (Financial Rights) and Financial Counselling Australia (FCA), we offered strong support for the conditions proposed by the ACCC in its Draft...

Effective banking codes require enforcement measures with teeth
Customer Owned Banking Association – Report Three of the independent review of the Customer Owned Banking Code of Practice

In our joint submission with Financial Rights Legal Centre to Report Three of the Customer Owned Banking Association’s (COBA) independent review of the Customer Owned Banking Code of Practice (COBA Co...

Good consumer outcomes should not be sacrificed for bankers’ bonuses
Australian Prudential Regulation Authority – Consultation on remuneration requirements for all APRA-regulated entities

The financial services industry plays an essential role in the lives of Australians, from providing for day-to-day transactions to providing for a comfortable retirement. Markets were opened becaus...

Funeral expenses only products must be held to a higher standard
The Treasury - Removal of the exemption for funeral expenses policies, Exposure draft legislation

Consumer advocates have held long standing concerns over the inadequate regulatory framework for funeral expenses products. In our joint submission with Financial Rights Legal Centre (Financial Rig...

All Victorians deserve access to fair energy pricing
Essential Service Commission – Victorian Default Offer to apply from 1 January 2020 Draft Decision

Since its implementation on 1 July 2019, the Victorian Default Offer (VDO) has given more Victorian energy users access to fairer pricing for their essential electricity services. In our comment to...

Payday lenders: trusted friends or debt traps?

Need a loan? Research reveals social media users should be wary of payday lenders using digital platforms to peddle their wares to the vulnerable. If you have ever needed money in a hurry it may ha...

Protecting Australian families from dodgy vendor terms and rent-to-buy arrangements
Consumer Affairs Victoria – Implementation consultation for the Sale of Land Amendment Act 2019

Over the years, our team has assisted a number of people who have been adversely affected by failed vendor finance and rent-to-buy deals, which are promoted as an opportunity to achieve home ownership...

Energy compliance and performance reporting guideline
Essential Services Commission – Compliance and Performance Reporting Guideline updated to include new entitlements for customers Draft Decision

Monitoring is only as effective as the information gathered. In our submission to the Essential Services Commission (ESC) Compliance and Performance Reporting Guideline updated to include new entit...

Financial product design and distribution obligations must be consumer centred and limit loopholes
The Treasury – Corporations Amendment (Design and Distribution Obligations) Regulations 2019 (Cth)

The Design and Distribution Obligations (DADOS) require financial service providers to provide products that meet customer needs rather than focussing on securing the sale. In our joint submission on...

ASIC Enforcement Review
Australian Securities and Investments Commission - Exposure draft legislation, ASIC Enforcement Review Taskforce Final Report

In our joint response to exposure draft legislation implementing certain aspects of the ASIC Enforcement Review Taskforce (ERT) Final Report, Consumer Action and Financial Rights Legal Centre (Financi...

Customer-owned banking code must adequately address financial vulnerability
Customer Owned Banking Association – Report Two of the independent review of the Customer Owned Banking Code of Practice

In our joint submission with Financial Rights Legal Centre to the Report Two of the Customer Owned Banking Association’s (COBA) independent review of the Customer Owned Banking Code of Practice (COBA...

Making it easier for vulnerable customers to access fee-free banking
Australian Competition and Consumer Commission – Draft Determination AA1000441, Australian Banking Association application for authorisation of certain amendments to the 2019 Banking Code

Access to fee-free ‘basic bank accounts’ are an important support for vulnerable banking customers. In light of the harm banking fees can cause for low-income and vulnerable consumers, Commissioner Ha...

Integrated Practice Project: 2019 Mid-Year Report

Recognising that we need to take a coordinated approach to addressing the civil needs of Victorian Aboriginal communities, Consumer Action Law Centre and the Victorian Aboriginal Legal Service teamed...

Government crackdown on dodgy insurance sales could save Australians millions

When insurance is added onto the sale of another product or service, consumer groups reveal that it’s likely to be a rip-off. This comes in the wake of the Australian Government’s consultation on how...

Reforming the sale of add-on insurance
Treasury - Reforms to the sale of add on insurance: Proposal Paper

Seven leading consumer groups commented on The Treasury’s Reforms to the sale of add on insurance: Proposal Paper: Consumer Action Law Centre Financial Rights Legal Centre CHOICE Consume...

National Energy Retail Amendment (Strengthening Protections for Customers in Hardship) Rule 2018 Draft Rule Determination

The mortgage broking industry is long overdue for reform
The Treasury – Mortgage broker best interests duty and remuneration reforms

The mortgage broking industry is long overdue for reform. Landmark inquiries from the Banking Royal Commission and the Productivity Commission, as well as a number of ASIC investigations, have all...

CommBank criminal charges reinforces need for urgent law reform

The Banking Royal Commission exposed the considerable harm caused by unsolicited selling of insurance products. Today one of Australia’s big four banks has been charged with 87 criminal counts of “haw...

Energy regulators should have strong powers to stop misconduct
Treasury - Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2019

Consumer Action supports the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2019 (the Bill). We feel that it will ensure the Australian Energy Regulator (AER) has appropriate powe...

Royal Commission into Mental Health Terms of Reference Consultation

Cashless Debt Card undermines the role of the market in serving consumer and community interests
Senate Community Affairs Legislation Committee – Social Security (Administration) Amendment (Income Management to Cashless Debit Card Transition) Bill 2019

Much of the Federal Government’s effort to address cost of living pressures involves making it easy to switch and exercise choice, for example, through the new Consumer Data Right. However, the Cashle...

ASIC’s intervention in junk ‘add-on’ insurance market open to abuse by car dealers as DemandaRefund.com tops $5 million

Consumer Action says the Australian Securities and Investment Commission’s (ASIC) proposal to use its product intervention powers (PIP) for add-on insurance and warranties sold by caryards lacks teeth...

Fairness needs to be at the forefront of the energy market
Energy Security Board - Post 2025 Market Design Issues Paper

It is our firm stance that fairness should be at the forefront of all markets. In our comment on the Energy Security Board (ESB) Post 2025 Market Design Issues Paper (Issues Paper), Consumer Action...

New telco industry data highlights urgent need for effective regulation and enforcement powers to protect Australians

New complaints data released by the Telecommunications Industry Ombudsman (TIO) emphasises the clear need for regulation and strengthened regulator enforcement powers to protect Australians from poor...

Giving energy users access to fair finance for new energy tech
Australian Competition and Consumer Commission - AA1000439 New Energy Tech Consumer Code Application

On 9 September 2019, Consumer Action attended a pre-decision conference on AA1000439 New Energy Tech Consumer Code (The Code) Application. We have provided a further submission following the discussio...

“I don’t want other women falling into the same trap.” Victorian woman joins Canberra delegation to urge Government to stop predatory payday lenders

A Victorian woman who has suffered at the hands of payday lenders has an important message for the Government about the dangers of payday loans as she joins the Stop the Debt Trap Alliance, a coaliti...

Making sure Victorian energy is safe for those requiring power for life support purposes
Essential Service Commission - Strengthening protections for life support customers draft decision

Most people would take the reliability of electricity services for granted. When the power goes out, it is frustrating, but not life threatening. But for many Australians, a loss of electricity is...

Rent4Keeps sued over unaffordable consumer leases

A Victorian woman living with a disability has brought proceedings in the Federal Circuit Court regarding five consumer lease contracts from Darranda Pty Ltd, trading as Rent4Keeps, and Mobberley Ente...

Time is up for predatory credit agent, Cigno as ASIC confirms ban of lending model

Cigno has been weighed, measured and found wanting as the Australian Securities & Investments Commission (ASIC) takes decisive action to ban a predatory lending business model using its newfound p...

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