2019 - Consumer Action Law Centre

Looking after the needs of Victorian energy consumers

The Energy & Water Ombudsman Victoria (EWOV) plays an important role in ensuring Victorian households have ongoing access to fair outcomes in relation to the provision of essential energy and wate...

Keeping energy market prices down during energy shortages or network constraints

Demand response service providers could play an important role in the event of energy shortages, coordinating high energy users to consumer less to help keep energy prices down across the market. Curr...

Preparing vulnerable Victorians for electricity outages

Consumers rely on energy distribution businesses to ensure a consistent supply of their essential electricity services. It is important that these businesses are regulated effectively so that consist...

Keeping comprehensive credit reporting fair for those who have previously experienced hardship

Leading consumer advocacy bodies are concerned that customers who experience financial difficulty repaying loans will be unfairly penalised by credit reporting reforms proposed by the National Consume...

Submission: Telecommunications Consumer Safeguards Review Part A – Consumer Redress and Complaints Handling

The norm of fairness must be recognised

Our existing consumer protection framework has failed to prevent unfairness from becoming embedded in business practices. From unclear marketing, subscriptions that make cancellation difficult, to...

Urgent need for payday loan reform acknowledged by Consumer Affairs Ministers

The need for urgent law reform to protect consumers from unfair and predatory payday loans has been reinforced at a meeting of Australian and New Zealand ministers in Queenstown, New Zealand. Minis...

Closing the ‘unfair contract terms’ loophole for insurance – Exposure draft legislation

There is a big fairness problem in insurance. People often make insurance claims when they are at a low ebb, but they can face shocking outcomes when insurers rely on unfair terms in insurance contrac...

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

ASIC’s proposed ban on outbound phone sales of life, funeral and consumer credit insurance

Unsolicited selling is an outdated and abusive practice with a significant risk of mis-selling people products they don’t want, need or understand. Financial Rights Legal Centre and Consumer Action...

Evaluation of Worker Advice Service

The purpose of this evaluation was to assess whether the service is doing these things consistently and achieving its intended outcomes, and to make recommendations for service improvement. A seconda...

Response to ASIC’s update to internal dispute resolution requirements for financial firms (RG165)

It is critical that the process to make and resolve complaints with a bank, insurer, or super fund is timely, fair, and accessible, including for people experiencing vulnerability and disadvantage. O...

Consumer advocates unite as Government inaction on payday loan reform hits 1,000 days

As the counter ticks over to 1,000 days since the Coalition Government accepted the recommendations from the Small Amount Credit Contract (SACC) review, consumer advocacy organisations across the coun...

Insurance pricing differences: New vs existing customers

Support for an independent review of the Customer Owned Banking Code of Practice

In our joint submission with Financial Rights Legal Centre, Consumer Credit Legal Service (WA), Financial Counselling Australia and the Financial & Consumer Rights Council, we support Cameron Ralp...

New Energy Tech Consumer Code must protect Australians from exploitative buy now pay later arrangements

Consumer Action regularly assists vulnerable and disadvantaged consumers in Victoria with legal and financial issues that arise due to new energy technology such as solar. . The New Energy Tech Consu...

Protecting guarantors from financial abuse

In our feedback to the Banking Code Compliance Committee (BCCC) inquiry into banks’ compliance when accepting and enforcing guarantees, Consumer Action discusses our concerns with guarantee provision...

Opening statement: Public hearing on ASIC’s responsible lending guidance

The following is the opening statement from Consumer Action CEO, Gerard Brody at the public hearing on ASIC’s responsible lending guidance held in Melbourne on Monday, 19 August 2019. I’m G...

Who is making Australians bankrupt?

One of Australia’s largest debt collectors – Lion Finance (a subsidiary of ASX-listed Collection House Ltd) – turns to bankruptcy procedures to collect consumer debts far more often than its rivals, a...

Time to implement Hayne recommended law reform following court decision

The Financial Rights Legal Centre (Financial Rights) and Consumer Action Law Centre (Consumer Action) have called for the Government to amend responsible lending laws to ensure that lenders make reaso...

Victorian Default Offer to apply from 1 January 2020 Issues Paper

The Victorian Default Offer (VDO) was designed to re-regulate electricity pricing to ensure that more Victorian households receive a fair price on their electricity service. Since the VDO’s establishm...

Evaluation of Consumer Advice Service

The purpose of this evaluation was to assess the effectiveness of the service in helping clients achieve these immediate and longer-term outcomes, and to make recommendations for service improvement....

ASIC Consultation Paper 313: Product intervention power

We welcome the introduction of the product intervention power (PIP) and look forward to ASIC using the power to target businesses that cause consumer detriment by engaging in predatory conduct or fail...

Evaluation of Casework Service

The purpose of this evaluation was to assess the effectiveness of the service in helping clients achieve these immediate and longer-term outcomes and to make recommendations for service improvement....

NZ Select Committee on Credit Contracts Legislation Amendment Bill: Opening Remarks

The below statement was delivered on 31 July 2019 by Consumer Action Law Centre CEO, Gerard Brody to the New Zealand Select Committee on Credit Contracts Legislation Amendment Bill. High co...

ASIC Consultation Paper 316: Using the product intervention power: Short term credit

Businesses such as Cigno Pty Ltd, which facilitate access to predatory and unregulated payday loans by exploiting loopholes in the law, are on notice as the Australian Securities and Investment Commis...

Regulator to implement blanket ban on insurance cold calling

An Australian Securities and Investments Commission (ASIC) consultation paper, released today, proposes a ban on unsolicited telephone sales of direct life insurance and consumer credit insurance (CCI...

Landmark report shows Victorian Government’s new policies are reducing energy disconnections, but energy companies are still falling short addressing consumer vulnerability

A new report shines a light on the Victorian Government’s ‘Payment Difficult Framework’ finding that disconnections have significantly decreased, but some energy companies are still giving vulnerable...

Energy Assistance Report: tracking how Victoria’s changing energy policies are impacting households in the state

Consumer Action's new landmark report shows that the Victorian Government's new policies are reducing energy disconnections, but energy companies are still falling short addressing consumer vulnerabil...

Insurance in super: Putting Members’ Interests First Bill 2019

Consumer Action Law Centre and Financial Rights Legal Centre made a joint submission to the Senate Economics Legislation Committee’s inquiry into provisions of the Treasury Laws Amendment (Putting Mem...

Victoria’s Mental Health Royal Commission must examine links between links between poverty, debt and mental health

Consumer Action’s financial counsellors and lawyers speak regularly to individuals experiencing mental health issues. These individuals are commonly trying to deal with a range of consumer problems in...

Regulator slams ‘junk insurance’ sold by banks as Aussies demand over $2 million in refunds

The Australian Securities and Investments Commission (ASIC) report released today confirms that consumer credit insurance, commonly tacked on when taking out a loan or credit card, is junk. This news...

Consumer Action lodges complaint to Commonwealth Ombudsman about the Department of Human Services’ poor administration of Centrepay

Consumer Action Law Centre (Consumer Action) has made a formal complaint to the Commonwealth Ombudsman about the Department of Human Services (DHS). This complaint comes after the department failed o...

Consumer Action supports ASIC use of new powers to tackle predatory credit agents such as Cigno

Telecommunications Consumer Protection Code Inadequately Protects Consumers: Consumer Groups

The revised Telecommunications Consumer Protection (TCP) Code fails to adequately protect telco consumers, according to consumer groups. Despite consultation with the telco industry and regulator,...

Ensuring energy contracts are clear and fair, ESC Issues Paper

Deregulation in Victoria’s energy retail market has not delivered fair outcomes for all households accessing their essential energy services. The State Government has taken a number of steps to hel...

Comment on the ACCC’s authorisation of amendments to the 2019 Banking Code of Practice

Consumer Action Law Centre (Consumer Action), the Financial Rights Legal Centre (Financial Rights) and Financial Counselling Australia (FCA) have provided comment on the Australian Banking Association...

Evaluation of National Debt Helpline

The purpose of this evaluation was to assess the effectiveness of the service in helping clients achieve immediate and medium-term outcomes, and to make recommendations for service improvement. A seco...

Unconscionable conduct: Divided High Court confirms need for change to the law

In its response to the High Court finding that a ‘book-up’ credit scheme operated in the remote Aboriginal community of Mintabie in the South Australian APY lands was not unconscionable, Consumer Acti...

Banks should recognise that anyone can become vulnerable: Submission to ABA Guideline on Customer Vulnerability

There are any number of reasons why a person would be unable to unwilling to speak up when they are struggling with their financial situation. Who among us hasn’t faced a financial issue at one poi...

Government sets new energy price safety net to stop Victorians getting ripped off

Victorians will be taking back control of their energy prices thanks to the introduction of the Government’s new default energy offer. Consumer Action Law Centre (Consumer Action) is strongly suppo...

Newly passed bill officially bans rent-to-buy and vendor finance schemes from the Victorian housing market

The historic ban on certain residential vendor terms and rent-to-buy agreements, included in the Sale of Land Amendment Bill 2019 passed by Parliament this week means vulnerable home purchasers will b...

Essential Services Commission Consequential amendments related to the Victorian Default Offer Draft Decision

Generally, we strongly support this Draft Decision as it makes clear that energy retailers must ensure that they inform households in Victoria of new protections and options available when choosing an...

New Energy Tech Consumer Code ACCC application

Energy is an essential service and the energy system is rapidly transitioning to new technologies. Householders are finding it increasingly complex, confusing and risky to make decisions about their e...

ASIC must overhaul responsible lending guidance to protect Australians

Consumer Action Law Centre (Consumer Action) has called on the Australian Securities and Investment Commission (ASIC) to urgently overhaul responsible lending guidance to better protect Australians fr...

New framework creates better outcomes for Victorians struggling with energy debts

The rising cost of energy has long been a concern for families across the country. The Victorian Government is working to help combat energy affordability issues through its Energy Fairness Plan an...

Proposed AFCA arrangements for comparative reporting of complaint data

Comparative reporting of data related to complaints against financial service providers will empower consumers to make informed decisions about where to take their business. Consumer Action Law Centr...

ACCC Northern Australia Insurance Inquiry First Interim Report

Consumer Action Law Centre (Consumer Action) strongly supports the Australian Competition and Consumer Commission’s (ACCC) important work on insurance pricing and the operation of insurance markets in...

Insurance Claims Handling: Taking Action on Recommendation 4.8 of the Banking, Superannuation & Financial Services Royal Commission

Claims handling is the most critical part of the insurance process for many consumers. Unfortunately, ‘legal loopholes’ have caused undue stress and delayed resolutions for too many consumers in thei...

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