Access to Justice Archives - Consumer Action Law Centre

Fairness, respect, reflection, courage: Our strategic plan 2021-25

Our strategic plan 2021-2025 is a snapshot of our priorities and ambitions for the next four years. We use our skills and knowledge in the law, financial counselling, policy, campaigning, and advoc...

Comment to the Class Action Inquiry

Consumer Action has provided comment to the Parliamentary Joint Committee’s inquiry, Litigation funding and the regulation of the class action industry (Class Action Inquiry). Class actions p...

Strengthening consumers’ voice in policy and regulation affecting superannuation
The Treasury – Consumer Advocacy Body for Superannuation: expression of interest

Choosing a superannuation fund is one of the most important financial decisions a person will make. However, the superannuation system is failing countless Australians. People across Australia cont...

Making the insurance claims process fair
The Treasury – Making insurance claims handling a financial service – Financial Services Royal Commissions Recommendation 4.8

From a consumer perspective, claims handling is the most critical part of the insurance process, and one of the most problematic. Too often, the claims process is arduous, lengthy and unfair. In ou...

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...

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....

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...

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...

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...

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...

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...

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...

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...

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...

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...

“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...

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...

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...

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...

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...

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...

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...

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...

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

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...

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...

ASIC handed new powers to tackle harmful financial products

Newly enacted laws about the fairness of financial products and services can work to prevent harm in banking and finance if the Australian Securities and Investments Commission (ASIC) takes immediate...

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...

2019-20 Pre-Budget Submission
The Treasury Consultation Hub - 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...

Submission: Inquiry into credit and financial services targeted at Australians at risk of financial hardship
Senate Standing Committees on Economics - Senate Economics References Committee Inquiry into Credit and Financial Services Targeted at Australians at Risk of Financial Hardship

This Senate Inquiry is a crucial opportunity to close the regulatory loopholes exploited by fringe lenders and ‘debt help’ companies. These companies can entrench disadvantage for some of the most vul...

Submission: draft Telecommunications Consumer Protections Code
Communications Alliance - Telecommunications Consumer Protections Code (Draft Industry Code)

Consumer Action Law Centre together with WEstjustice made a submission to the CommsAlliance on the Telecommunications Consumer Protections Code Draft (DR C628:2018) (draft Code), which has been produc...

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

Consumer protection mechanisms in the telecommunications market are failing Australians. The Telecommunications Consumer Safeguards Review is an important and timely opportunity to move from self-regu...

Class Actions and Third-Party Litigation Funders: ALRC Inquiry
Australian Law Reform Commission - Inquiry into Class Action Proceedings and Third-Party Litigation Funders

Consumer Action Law Centre made a submission to the Australian Law Reform Commission's Inquiry into Class Action Proceedings and Third-Party Litigation Funders (Discussion Paper 85, June 2018) (ALRC I...

Submission: Retirement Living Revised Code of Conduct
Property Council of Australia - Submission on Draft Retirement Living Code of Conduct

The Consumer Action Law Centre, Residents of Retirement Villages Victoria, Housing for the Aged Action Group and COTA Victoria welcome the opportunity to comment on the most recent Draft Retirement Li...

Royal Commission into Misconduct in the Banking, Superannuation and Finance Sector – Submission on Round 3 Hearings

This written submission is provided by Consumer Action Law Centre (Consumer Action) following the conclusion of the Round 3 hearings on loans to small and medium enterprises. Misconduct and conduct...

Joint submission: Australian Financial Complaints Authority (AFCA) Draft Rules
Australian Financial Complaints Authority (AFCA) - Consultation on Proposed AFCA Rules

In Australia, everyone should be able to easily access a free, fair, fast and effective service to resolve complaints against their lender, insurer or superannuation fund. To ensure that the Australia...

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