Joint Consumer Group Submission

Submission to: ASIC
Submission from the Consumers Federation of Australia (endorsed by FCA and a number of other consumer organisations) in relation to the ePayments Code. The submission raises concerns about screen scraping, that the code does not address scams and inadequate checks from ADIs to reduce mistaken payments. It is positive that the code will allow for consumer complaints to the Australian Financial Complaints Authority.

Submission to: Attorney-General’s Department
Joint consumer group submission (led by Financial Rights Legal Centre) response to a discussion paper from the Federal Attorney-General’s Department. The submission recommends that the default period for bankruptcy should reduce to 1 year (and if so, changes should also be made to the credit reporting system), that charging fees for bankruptcy advice should be banned, the Bankruptcy Act should be amended so that people who later experience further financial hardship can apply to reduce their contributions and that all small business lenders should be members of AFCA. The submission also makes a raft of recommendations in relation to debt agreements, including that the income, debt and asset thresholds should not increase, that the term limit remain the same and that bankrupts be allowed to keep compensation awarded by AFCA. Other recommendations includes that payments from TPD insurance should be protected in bankruptcy, bankrupts should be able to retain accumulated savings, once they have met their income contributions and the fees charged by bankruptcy trustees should be subject to a review as well as greater auditing and enforcement from AFSA. Financial counselling should be available in all Federal Circuit Courts (based on the approach in the Melbourne registry).

Submission to: Attorney-General’s Department
Joint consumer group submission (led by Financial Rights Legal Centre) in response to proposed changes to the bankruptcy regulations. The submission argues that the proposed modernisation of the list of household property available for the payment of debts does not in fact represent modern lifestyles. Trustees in bankruptcy should not be taking household items from debtors and their families unless those items are uniquely valuable, such as antiques. Alternatively, if the Government does not accept this, the proposed list needs to expand to home entertainment equipment, sufficient computing devices for all members of the household and one mobile phone for each household member. Thresholds for tools of trade and motor vehicles should be set at reasonable values. Alternatively, they should be increased to $5,000 for tools of trade and $15,000 for motor vehicles (both should be indexed). The submission also makes recommendations about the duration of listings on the NPII and the regulation of informal debt agreements.

Submission to: Commissioner, Consumer and Business Services, SA
This is the joint submission from the Stop The Debt Trap Alliance a coalition of consumer advocacy organisations advocating for adequate regulation of payday loans and consumer leases. This submission supports the legislation introduced to the SA Parliament by the Attorney-General, the Hon Vicki Chapman that will introduce cost caps on both products. The legislation is based on that originally planned by the Federal Government in 2017, but not introduced. Instead the Federal Government is proposing a watered down version of reforms (as announced on 25th September 2020). We urge the SA Parliament to pass this bill.

Submission to: Telecommunications Industry Ombudsman
This is the joint consumer group submission about the TIO’s terms of reference, led by WEstJustice. This supplementary submission focuses on the important role the TIO can play in relation to addressing systemic issues.

Submission to: Telecommunications Industry Ombudsman
This is the joint consumer group submission about the TIO’s terms of reference, led by WEstJustice. This covers a broad range of issues.

Submission to: Standing Committee on Indigenous Affairs
Joint consumer group submission (with CHOICE, ICAN and CCLSWA) documenting the high prices paid by First Nations people living in remote communities. The submission recommends that the Government develop an affordable pricing policy for remote communities, that remote stores are monitored for quality and quantity of goods as well as prices, and that income support payments are increased for people in these areas, recognising the higher cost of living.

Submission to: ACCC
Joint consumer group submission (led by the Consumers Federation of Australia) in response to an application by the Australian Banking Association and its member banks, for authorisation by the ACCC for banks to agree on the minimum standards for consumer financial relief programs and to promote customers’ access to banking services in an environment where social distancing is in place. We support both of these applications. In relation to financial relief we suggest that the ACCC’s final authorisation require that banks consult with consumer groups about their content and that there be public reporting about the outcomes of these programs.

Submission to: ASIC
Joint consumer group submission (led by Consumer Action Law Centre) that strongly supports the introduction of design and distribution powers (DDOs) for ASIC. The key issue is whether these will be implemented effectively. The submission makes a number of recommendations to ensure this is the case, including a stronger product governance framework and clearer guidance.