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Banking & Finance | Legal

Financial abuse enablement – an insidious side-effect of the potential RLO repeal

Australia may see a resurgence in financial and economic abuse if the Senate opts to scrap responsible lending obligations (RLO), warns Gerard Brody of the Consumer Action Law Centre. The move to weaken RLOs was made by Federal Treasurer Josh Frydenberg in September last year, in a bid to maintain credit flow in the wake…

17 Feb 2021, by Amy Sarcevic

Banking & Finance | Legal

How responsible lending should look – an interview with Professor Kevin Davis

Former member of the Financial Systems Inquiry, Professor Kevin Davis, has set out his expectations for responsible lending obligation (RLO) reform in Australia. Davis advocates a shared buyer and seller accountability model, which protects consumers from financial illiteracy and cognitive bias, at the same time, retaining much of the economic benefit of a market based…

21 Jan 2021, by Amy Sarcevic

Healthcare | Legal

Wrongful birth damages – an interview with Bill Madden

Maintaining a duty of confidentiality is an integral part of any healthcare profession, but what happens when upholding medical confidentiality leads to adverse health outcomes? Patient Y, a pregnant woman, sought damages when Doctors failed to inform her that her father had been diagnosed with Huntington’s disease – a heritable brain disorder that had been…

11 Jan 2021, by Amy Sarcevic

Healthcare | Legal

Adverse health outcomes during the pandemic response – legal implications

The COVID-19 pandemic has created some challenging risk management scenarios for healthcare workers - and with the heightened threat of adverse outcomes, many now feel as though they are treading murky legal water. While Australia has missed the levels of system overwhelm seen in countries hardest hit by the virus, the very threat of it…

17 Dec 2020, by Amy Sarcevic

Banking & Finance | Legal

Where to now on responsible lending? – Gerard Brody

Gerard Brody of the Consumer Action Law Centre has expressed concern over Treasurer Josh Frydenberg’s intention to scrap responsible lending laws, describing the move as a “risky and dangerous policy” that will hurt Australian households. The proposed reform, currently being drafted, could mean the abolishment of all responsible lending obligations that form the National Consumer…

5 Nov 2020, by Amy Sarcevic

Defence & Security | Healthcare | Legal

Eliminating PFAS from firefighting sites – Fire & Rescue NSW

It has been three years since per- and poly-fluorinated alkyl substances (PFAS) – chemicals once used in food packaging, cooking hardware and firefighting foam – were first banned in Australia, after being exposed as an environmental and health threat. Since then the body of evidence highlighting the toxicity of PFAS chemicals has grown, as have…

20 Oct 2020, by Amy Sarcevic

Healthcare | Legal

Using technology for better obstetric decision making

Cardiotocography (CTG) has been used for foetal heartrate (FHR) surveillance since the 1970s, as a means of detecting foetal hypoxia and guiding clinical decisions around delivery timing. Despite the length of its usage, there is yet to be convincing evidence that CTG reduces birth asphyxia, stillbirths, caesareans or instrumental deliveries. Although the technology is good…

24 Sep 2020, by Amy Sarcevic

Banking & Finance | Legal

Conduct is the ‘new black’ in financial services – Dr. Andy Schmulow

Shortly after Dr. Andy Schmulow announced that a life insurer shamed in the banking Royal Commission would not be here in five years’ time, he indignantly retracted his statement. “I made a mistake,” Schmulow told Informa Connect ahead of the Credit Law Conference. “They won’t be here in five months’ time.” The well-known academic – one…

15 Sep 2020, by Amy Sarcevic

Healthcare | Legal

Is a national rollout of voluntary assisted dying legislation imminent?

The medical industry is, by nature, beset with ethical controversies; few more profound than the issue of voluntary assisted dying (VAD). Victoria is currently the only state in Australia to have such a law, but lately - with the heightened national focus on elder rights - there has been increased talk about enacting the legislation…

4 Dec 2019, by Amy Sarcevic

Legal | Occupational Health & Safety

Preparing for workplace manslaughter provisions in Victoria

In October 2019, the Victorian Labor Government submitted its Workplace Manslaughter (WM) legislation to state Parliament.  The bill has already passed the lower house and is currently before the upper house (Legislative Council); where it will need the support of cross-bench members. If passed, Victoria will become the third state in Australia to enact WM…

20 Nov 2019, by Amy Sarcevic
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