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...

October 15, 2019

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...

October 14, 2019

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...

October 11, 2019

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...

October 11, 2019

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...

October 10, 2019

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...

October 8, 2019

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...

October 4, 2019

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...

October 3, 2019

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...

October 2, 2019

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...

September 30, 2019

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...

September 20, 2019

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...

September 13, 2019

Looking after the needs of Victorian energy consumers
Energy and Water Ombudsman Victoria - Independent Review

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...

September 12, 2019

Keeping energy market prices down during energy shortages or network constraints
Australian Energy Market Commission - Draft determination allowing demand response service providers to participate in the wholesale energy market

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...

September 12, 2019

Preparing vulnerable Victorians for electricity outages
Essential Services Commission - Electricity Distribution Code Review Issues Paper

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...

September 9, 2019

Keeping comprehensive credit reporting fair for those who have previously experienced hardship
Treasury - National Consumer Credit Protection Amendment (Mandatory Comprehensive Credit Reporting) Bill 2019

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...

September 5, 2019

The norm of fairness must be recognised
Final Report of the Australian Competition & Consumer Commission Digital Platforms Inquiry

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...

September 2, 2019

Closing the ‘unfair contract terms’ loophole for insurance – Exposure draft legislation
Treasury - Consultation on Extending Unfair Contract Terms to Insurance Contracts

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...

August 30, 2019

ASIC’s proposed ban on outbound phone sales of life, funeral and consumer credit insurance
Australian Securities and Investments Commission - Consultation Paper 317, Unsolicited telephone sales of direct life 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...

August 29, 2019

Response to ASIC’s update to internal dispute resolution requirements for financial firms (RG165)
Australian Securities and Investments Commission - Consultation Paper 311, Internal Dispute Resolution: Update to Regulatory Guide 165 (May 2019)

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...

August 26, 2019

Support for an independent review of the Customer Owned Banking Code of Practice
Customer Owned Banking Code of Practice Independent Review, Report One

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...

August 26, 2019

New Energy Tech Consumer Code must protect Australians from exploitative buy now pay later arrangements
Australian Competition and Consumer Commission - AA1000439 New Energy Tech Consumer Code Application for Authorisation Draft Determination

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...

August 21, 2019

Protecting guarantors from financial abuse
Banking Code Compliance Committee - Inquiry into banks’ compliance when accepting and enforcing guarantees

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...

August 19, 2019

Victorian Default Offer to apply from 1 January 2020 Issues Paper
Essential Service Commission - 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...

August 12, 2019

ASIC Consultation Paper 313: Product intervention power
Australian Securities and Investments Commission - 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...

August 8, 2019

ASIC Consultation Paper 316: Using the product intervention power: Short term credit
Australian Securities and Investments Commission - 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...

July 30, 2019

Insurance in super: Putting Members’ Interests First Bill 2019
Senate Economics Legislation Committee - Inquiry into provisions of the Treasury Laws Amendment (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...

July 15, 2019

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

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...

July 14, 2019

Ensuring energy contracts are clear and fair, ESC Issues Paper
Essential Services Commission - Ensuring Energy Contracts are Clear and Fair 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...

July 1, 2019

Comment on the ACCC’s authorisation of amendments to the 2019 Banking Code of Practice
Australian Competition and Consumer Commission - 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...

June 25, 2019

Banks should recognise that anyone can become vulnerable: Submission to ABA Guideline on Customer Vulnerability
Australian Banking Association - ‘Every Customer Counts: Better banking for vulnerable customers’ Guideline

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...

June 13, 2019

Essential Services Commission Consequential amendments related to the Victorian Default Offer Draft Decision
Essential Services Commission - Draft Decision on the Consequential Amendments Related to the Victorian Default Offer

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...

May 24, 2019

New Energy Tech Consumer Code ACCC application
Australian Competition and Consumer Commission - AA1000439 New Energy Tech Consumer Code

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...

May 24, 2019

ASIC must overhaul responsible lending guidance to protect Australians
Australian Securities and Investments Commission - Response to CP 309: Update to RG 209: Credit licensing: Responsible lending conduct

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...

May 22, 2019

Proposed AFCA arrangements for comparative reporting of complaint data
Australian Financial Complaints Authority - 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...

May 3, 2019

ACCC Northern Australia Insurance Inquiry First Interim Report
Australian Competition and Consumer Commission - 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...

May 2, 2019

Insurance Claims Handling: Taking Action on Recommendation 4.8 of the Banking, Superannuation & Financial Services Royal Commission
The Treasury - Insurance Claims Handling: Taking Action on Recommendation 4.8 of the Banking, Superannuation & Financial Services Royal Commission, March 2019

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...

May 2, 2019

Re-regulation of energy prices will see Victorians paying a fair price
Department of Environment, Land, Water and Planning - Draft orders in Council on the Victorian Default Offer

The Victorian Default Offer (VDO) for the state’s energy market must be available to all Victorians or its objective to ‘provide a simple, trusted and reasonably priced electricity option that safegua...

May 1, 2019

The banking and finance sector needs to play by the rules and put their customers first
Australian Banking Association - 2019 Independent Review of the Customer Owned Banking Association Code of Practice

In the wake of the widespread misconduct illustrated at the Banking Royal Commission, all players within the banking and finance sector need to play by the rules and put their customers first regardle...

April 23, 2019

Regulatory framework for new embedded networks
Australian Energy Market Commission - Updating the regulatory arrangements for embedded networks draft report

CALC is supportive of the AEMC’s proposed regulatory framework for new embedded networks, as equity in consumer protections should not be dependent on the business model of the supplier of energy. I...

April 16, 2019

Enhanced regulatory framework would make industry codes enforceable if compliance required
The Treasury - Enforceability of financial services industry codes

Industry codes – often referred to as codes of conduct – can be useful when they genuinely improve standards in the relevant sector, provide meaningful rights for consumers and are complied with by in...

April 15, 2019

Submission on the Australian Financial Complaints Authority (AFCA) Rules Changes
The Treasury - Review of the financial system external dispute resolution framework – Supplementary Issues Paper (May 2017)

Consumer Action Law Centre (Consumer Action) welcomes the opportunity to comment on the proposed changes to expand AFCA’s jurisdiction to deal with eligible complaints about conduct dating back to 1 J...

April 12, 2019

Energy pricing under the Victorian Default Officer must ensure fairness for consumers
Essential Services Commission - Draft advice on the Victorian Default Offer methodology

As part of its response to pressure to curb energy prices and address inequality within Victoria’s energy market, the Victorian Government recently introduced the Victorian Default Offer (VDO).  The V...

April 5, 2019

Clarification of consumer guarantees is essential, but making information accessible must be a focus
Australian Competition & Consumer Commission (for for Consumer Affairs Australia and New Zealand) - Guidance on ‘reasonable durability’ and Guidance on ‘unsafe’ documents

Clarification of consumer guarantees is essential according to Consumer Action Law Centre (Consumer Action), but making information accessible must be a focus in newly proposed guidance about ‘unsafe’...

March 8, 2019

The justice system could better respond to the needs of people affected by misconduct in the finance sector
Senate Legal and Constitutional Affairs References Committee - Resolution of disputes with financial service providers within the justice system

Consumer Action Law Centre (Consumer Action) has recommended that financial service providers be required to improve their approach to dispute resolution in its comments to the Senate Legal and Consti...

March 6, 2019

Prohibition will strengthen the consumer law and allow regulators to deal with practices that cause consumer detriment
Australian Competition & Consumer Commission - Digital Platforms Inquiry Preliminary Report

Consumer Action has made a submission to the ACCC Digital Platforms Inquiry Preliminary Report. The submission focuses primarily on the proposal to develop a general prohibition against unfair practic...

February 19, 2019

Consumer issues must fall within mental health inquiry’s scope
Department of Premier and Cabinet - Royal Commission into Mental Health Terms of Reference Consultation

Consumer Action has provided a submission to the Royal Commission into Mental Health Terms of Reference Consultation. We strongly support the Victorian Government’s announcement of this Royal Commi...

February 7, 2019

Helping customers engage confidently in the retail energy market draft decision
Essential Services Commission - Helping customers engage confidently in the retail energy market draft decision

We support changes to regulation that will facilitate simple ways of resolving issues with estimated billing. While we support making consistent factsheets for energy offers that are easier to compreh...

February 4, 2019

2019-20 Pre-Budget Submission

Consumer Action has made a submission to The Australian Government Treasury’s 2019-20 Pre-Budget Submission process. We have focused this submission on two areas where budget action could make an imme...

January 31, 2019

Victorian households must have protected and simple access to a fair price for energy
Essential Services Commission – Victorian Default Offer for domestic and small business electricity customers staff working paper

We strongly support the ESC’s work to implement the VDO as a priority. Victorian households must have protected and simple access to a fair price for an essential service. In the period without price...

January 30, 2019