Exposure Draft – Treasury Laws Amendment Bill 2024: Scams Prevention Framework
The Law Council strongly supports the introduction of a comprehensive regulatory framework to better protect Australian consumers from scams. However, we are not persuaded that the detailed model proposed in the Exposure Draft will achieve that objective in a certain and proportionate manner. Further time is required to consider these issues in detail.
Whilst prevention of scams should be a critical component of any legislative scheme that seeks to address scam losses, it is equally important that any such scheme ensures that scam victims are able to access redress in a timely manner. We are concerned that the Exposure Draft, as currently worded, could result in a convoluted and unworkable process for many scam victims, who would thus be prevented from seeking redress. This is particularly the case where many scam victims are vulnerable and are unable to afford legal representation to pursue claims.
We emphasise the importance of adequate resourcing for legal assistance for vulnerable consumers seeking to give effect to their right to redress under the Scams Protection Framework. In particular, the final report of the Independent Review of the National Legal Assistance Partnership1 highlights the need to provide substantial new funding in relation to priority matters including additional resourcing for specialist consumer law legal assistance services and additional grants of aid in civil matters.
Read the full submission below.
1 Dr Warren Mundy, Independent Review of the National Legal Assistance Partnership (2024), available online.
Last Updated on 25/10/2024
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