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March 30, 2009

COAG’s Business Regulation and Competition Working Group Annual Report Card

COAG’s Business Regulation and Competition Working Group has published its 2009 Annual Report Card on progress towards a “seamless national economy”.


The Report covers:

  • Occupational Health and Safety
  • Environmental Assessment and Approvals Processes
  • Payroll Tax Harmonisation
  • Licences of Tradespeople
  • Health Workforce Agreement
  • National System of Trade Measurement
  • Rail Safety Regulation
  • Consumer Policy Framework
  • Product Safety
  • National Regulation of Trustee Corporations
  • National Regulation of Mortgage Broking
  • National Regulation of Margin Lending
  • National Regulation of Non-Deposit Lending Institutions
  • Development Assessment
  • National Construction Code
  • Regulation of Chemicals and Plastics
  • Registering Business Names
  • Personal Property Securities
  • Standard Business Reporting
  • Food Regulation
  • National Mine Safety Framework
  • A National Electronic Conveyancing System
  • Oil and Gas Regulation
  • Maritime Safety Regulation
  • Wine Labelling
  • Directors’ Liability
  • A National System for Remaining Areas of Consumer Credit

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Posted 30th March 2009 by David Jacobson in Deregulation_

March 27, 2009

The links between bonuses, ethics and compliance

What would you do if you were employed on particular terms ($1 salary plus a performance bonus) and later asked to forego your pay? Would it make any difference if you worked in a company that had to be bailed out by the government?

The payment of bonuses to AIG executives has received much publicity. So it was very interesting to read the public letter from Jake DeSantis, an executive vice president of the American International Group’s financial products unit, to Edward M. Liddy, the chief executive of A.I.G.: Dear AIG: I Quit!

The misalignment of compensation and its effect on corporate ethics and compliance is the subject of an article (Risky Business) on the events at Countrywide Financial Corporation, one of the largest US Sub-prime lenders. 

The CEO's pay package. Mozilo took home more than $140 million in 2005 and more than $100 million in 2006 even as the share price started to tank, according to a Corporate Library report. It wasn't only that he was among the most highly paid executives in its surveys. He also was guaranteed both a pay raise each year and a hefty stock option grant. Where his compensation was tied to performance, it wasn't the long-term sort that governance consultants recommend; his bonus was calculated in part by the rise in the stock price from the previous year…

Managers' bonuses were based on revenue, and in recent years Countrywide's big revenue producer was subprime mortgages. So they had a special incentive to favor that market. Loan officers did, too, because they were paid larger commissions for pushing these loans.

Why were they especially lucrative? Borrowers were charged higher rates for them than for prime mortgages because the loans were riskier. And Countrywide, based in Calabasas, California, sold these loans for a nice profit to investment banks like Merrill, which in turn bundled and sold them as CDOs. Between 2004 and 2007, Countrywide originated $150 billion in subprime mortgages-the most in the industry-helping vault it into the Fortune 100.

It's clear that ethics and compliance will suffer if performance bonuses are linked to the wrong KPI's.

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Posted 27th March 2009 by David Jacobson in Compliance

March 26, 2009

Reserve Bank March 2009 Financial Stability Review

The Reserve Bank has published its latest Financial Stability Review here.

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Posted 26th March 2009 by David Jacobson in Financial Services

March 24, 2009

Draft Freedom of Information Amendment (Reform) Bill 2009

The Government has released a draft Information Commissioner Bill 2009 and the draft Freedom of Information Amendment (Reform) Bill 2009 for public consultation.


The Office of the Information Commissioner is proposed to be established and operational by January 2010. It will be headed by the Information Commissioner (a new office holder) who will be supported by the Privacy Commissioner (an existing office holder), and the FOI Commissioner (a new office holder).


It is proposed that the Information Commissioner, supported by the FOI Commissioner, will act as an independent monitor for FOI and will be entrusted with a broad range of functions designed to make the Office of the Information Commissioner both a clearing house for FOI matters and a hub for the promotion of the objects of the Act.


The closing date for submissions is 15 May 2009.

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Posted 24th March 2009 by David Jacobson in Privacy

March 23, 2009

Unit Pricing – Draft Industry Code

The Government has released a draft code to implement a nationally‑consistent, mandatory unit pricing scheme.


The draft code applies to online retailers, and store-based retailers with a floor space of more than 1000 square metres devoted to the display of grocery items, provided those retailers sell a minimum range of food-based grocery items.


The Government intends to establish the code by regulation under Part IVB of the Trade Practices Act 1974 by 1 July 2009, and it will apply from 1 December 2009.


Comments close on 20 April 2009.

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Posted 23rd March 2009 by David Jacobson in Trade Practices

Productivity Commission inquiry into anti-dumping and countervailing system

The Government has announced that the Productivity Commission will undertake an inquiry into Australia’s anti-dumping and countervailing system.

Australia’s anti-dumping and countervailing system allows Australian industries that have been materially injured to make a claim against foreign businesses that they consider to be ‘dumping’ low-priced competing goods or exporting subsidised goods into the Australian market. If a claim is upheld, the Australian Customs and Border Protection Service imposes duties on the foreign goods. Countervailing duties are another form of trade remedy that are imposed in response to a foreign country subsidising its exports.

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Posted 23rd March 2009 by David Jacobson in Trade Practices

March 22, 2009

Fair Work Bill passed: small business employer definition changed

After extensive negotiation with Senate Independents (and despite the Opposition's vote against it), the Fair Work Bill 2008 was passed on 20 March 2009. (see the history of the Bill and the Senate amendments here).

UPDATE: The Fair Work Act is now available here on ComLaw.

The amended Bill defines a small business employer for unfair dismissal purposes as being one who employs:

  • until 1 January 2011, less than 15 full time equivalent employees; and
  • after 1 January 2011, less than 15 employees by individual head count.

Employees of a small business will only be able to claim for unfair dismissal after they have been employed for at least 12 months. To dismiss someone fairly after 12 months the employer will have to comply with a Fair Dismissal Code for Small Business.

Small business employers will also be exempted from the redundancy pay obligations. For the purpose of this redundancy pay exemption, the 15-employee test (calculated on an individual head count basis) has been retained.

Most of the provisions of the Fair Work Bill will commence on 1 July 2009. The National Employment Standards (NES), modern awards and minimum wage provisions in the Bill are intended to commence on 1 January 2010.

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Posted 22nd March 2009 by David Jacobson in Workplace

Draft Financial Ombudsman Service terms of reference released

The Financial Ombudsman Service Limited has approved the release of a Proposed Terms of Reference. Submissions about the Proposed Terms of Reference close on Monday 20 April 2009.

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Posted 22nd March 2009 by David Jacobson in Financial Services

March 20, 2009

ACCC Report on anti-competitive practices by health funds

The Australian Competition and Consumer Commission has published its report to the Senate on ‘any anti-competitive practices by health insurers or providers, which reduce the extent of health cover for consumers and increase their out-of-pocket medical and other expenses’.

The Report is for the period 1 July 2007 to 30 June 2008.

The key concerns are:

  • the availability of useful consumer information about private health insurance products and health services and their related costs; and
  • contract negotiations between health insurers and health service providers.

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Posted 20th March 2009 by David Jacobson in Insurance

Senate report on Personal Property Securities Bill

The Senate Standing Committee on Legal and Constitutional Affairs has released its report on the exposure draft of the Personal Property Securities Bill.

The Committee has made 11 recommendations including that the commencement date for the scheme be extended by at least 12 months to May 2011 and that it be reviewed after 3 years.

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Posted 20th March 2009 by David Jacobson in Financial Services, Personal Property Securities