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Press freedom report calls for reform and transparency

A PARLIAMENTARY inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press has recommended measures to improve public interest protections and transparency, with a report tabled today.

Chair of the Parliamentary Joint Committee on Intelligence and Security, Andrew Hastie, said the Committee acknowledged the role of a free press, and that the investigation or prosecution of journalists and media organisations can affect the perception of the freedom of the press in Australia.

"Our report recommends that the role of Australia’s Public Interest Advocates be expanded to consider a broader range of warrant applications that may affect journalists and media organisations in instances of unauthorised disclosure of information," Mr Hastie said.

The report also includes recommendations for additional transparency in warrant applications, and recommendations related to the Public Interest Disclosure scheme which allows public officials who suspect wrongdoing to report their concerns. These reforms are aimed at ensuring that appropriate avenues exist for Commonwealth officials to raise their concerns before it is necessary to approach external parties.

"The issues related to law enforcement, intelligence powers and press freedoms are complex, and this inquiry has allowed the Committee to examine a range of matters in great detail," Mr Hastie said.

"This is an evolving area of law, and the Committee welcomes recent steps taken by Government to bolster the decision-making process when journalists and media organisations are involved in the investigation and prosecution of unauthorised disclosure of information."

The report can be obtained from the Committee’s website

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FSC: Guaranteed choice of super fund a win for Australian workers

THE Financial Services Council (FSC) today welcomed the passage of the Treasury Laws Amendment (Your Superannuation Your Choice) Bill 2019, which gives every employee the right to choose their own superannuation fund.

CEO Sally Loane said the FSC has strongly advocated for removing restrictions on choice in superannuation as there is no justification for preventing Australians from choosing a superannuation fund.

“This legislation finally ends the anachronistic practice of enterprise agreements locking workers into a specific fund and is a solid win for up to a million consumers who previously didn’t have the freedom to manage their retirement savings as they wish,” Ms Loane said.

“Many workers have been forced to choose between moving their superannuation into their employer’s specified fund or paying duplicate fees to keep multiple accounts open when they start a new job with an employer who does not offer choice – neither of which is a good consumer outcome.

“Ensuring that every Australian can choose their own superannuation fund is an important step in the modernisation and reform of the superannuation system to ensure it delivers good outcomes for all workers.

“The FSC also recognises and supports the sensible contribution to the debate by the independent Senator Rex Patrick, who amended the Bill to require the prudential regulator to review the impact of the amendments in due course and report to the Government.”

The Productivity Commission (PC) has found that an individual with two accounts over the course of their working life could be six percent worse off at retirement as a result of duplicate fees and insurance premiums. The PC also found that there were 10 million 'zombie' superannuation accounts costing Australians $2.6 billion every year in excess fees and insurance costs.

 

About the Financial Services Council
The Financial Services Council (FSC) has more than 100 members representing Australia's retail and wholesale funds management businesses, superannuation funds, life insurers, financial advisory networks and licensed trustee companies. The industry is responsible for investing almost $3 trillion on behalf of more than 15.6 million Australians. The pool of funds under management is larger than Australia’s GDP and the capitalisation of the Australian Securities Exchange and is the fourth largest pool of managed funds in the world.

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Committee to roam into the problem of feral cats

THE House of Representatives Standing Committee on the Environment and Energy is holding the opening public hearings this week for its inquiry into the problem of feral and domestic cats in Australia.  

Committee Chair Ted O’Brien MP said, "The Committee looks forward to hearing about how governments, scientists and community groups across Australia understand and manage the impact that cats have on native species and the environment.”  

On Wednesday, Australia’s Threatened Species Commissioner, Dr Sally Box, along with other representatives of the Department of Agriculture, Water and the Environment will appear before the Committee to discuss Australia’s framework for managing predation by feral cats on native wildlife and habitats.

The hearing will also consider the role of the Australian Government in bringing together key stakeholders across the nation to manage the impact of feral and domestic cats.

On Friday, the Committee’s second public hearing will hear from a range of groups about approaches to the problem including innovation, science and natural resource management. Detailed programs for both public hearings are available on the Committee’s website.

For the information of those wishing to listen to the public hearings, proceedings will be available on the Parliament’s website at aph.gov.au/live. Due to the COVID-19 pandemic, committee hearings are not presently open for physical attendance by members of the public.

Public hearing details 

Date: Wednesday 26 August 2020
Time: 10.15am to 11am
Location: Via teleconference

Date: Friday 28 August 2020
Time: 9am to 2.30pm
Location: Via teleconference

Interested members of the public may wish to track the committee via its website.

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Ombudsman encourages consumers to ‘Click for Vic’

THE AUSTRALIAN Small Business and Family Enterprise Ombudsman Kate Carnell has welcomed the Victorian Government’s ‘Click for Vic’ initiative, and is encouraging consumers to carefully consider where their spending is going.

“This is a great initiative by the Victorian Government, and a timely reminder that it has never been more important to spend locally,” Ms Carnell said.

“I know things are difficult across the board for a lot of people at the moment, and many don’t have a lot of spare cash to spend.

“But it is really important that we think carefully about where the money we do spend is going.  What might seem like a small amount can make all the difference to a small business deciding whether to open tomorrow, or just making sure they can pay their bills.”

Recent analysis by Deloitte Access Economics suggests that as much as 10 percent of Australian small businesses may be forced to close when a number of supports cease at the end of September.

“The Deloitte numbers are really sobering, and should be seen as a wake-up call about what we stand to lose,” Ms Carnell said.

“The federal and state governments have provided unprecedented support to businesses, but there’s no doubt that more can be done, and the communities that rely on and enjoy these businesses need to do what they can to ensure their businesses survive."

Ms Carnell has reiterated calls for Government to mandate payment times to small business in the wake of large businesses pushing payments to small business out to as much as 180 days.

“I continue to be disappointed in large businesses extending payment times to small business through this period,” Ms Carnell said.

“I have made it clear previously that mandating payment times to small business is the only way to fix this problem, and there has never been a more important time for Government to ensure small businesses get paid on time."

www.asbfeo.gov.au

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COVID-19 inquiry to hear from Department of Finance

A PARLIAMENTARY inquiry into the impact of COVID-19 on Australia’s defence, trade and international relations will hear from the Department of Finance.  

Senator David Fawcett, Chair of the Parliament’s Foreign Affairs, Defence and Trade Committee, said Australia’s government procurement policies—overseen by the Department—could be a barrier to the survival of capability in some industry sectors that have invested heavily to help carry the nation through the worst of supply chain disruption brought about by the pandemic.

Generating and sustaining industry capabilities that are important to Australia’s sovereign national interest must be recognised as a factor in evaluating value for money if Government procurement is to be a strategic part of Australia’s recovery from the COVID-19 pandemic 

Senator Fawcett said, “In addition to the human cost of the pandemic, Australia has experienced supply chain disruptions and economic instability. Smart government procurement which contributes to the development of sovereign capability and builds economic resilience could be an important part of Australia’s recovery from the pandemic.”

Full terms of reference for the inquiry are on the Committee website.

Public hearing details

Date: Tuesday 25 August
Time: 4.30pm – 5.30pm AEST 
Location: By teleconference

The hearings will be audio streamed live at aph.gov.au/live.

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Maritime union calls on National Cabinet to urgently implement maritime border corridors for seafarers

THE National Cabinet must use today’s meeting to establish “green lanes” to allow interstate travel by maritime workers, with hundreds currently unable to travel to work or get home after being at sea, according to the Maritime Union of Australia (MUA).

MUA national secretary Paddy Crumlin said travel restrictions and border closures between Australian states and territories had led to a situation where many Australian seafarers were isolated at sea, unable to get home to their families, with replacement crew members also unable to join the vessels.

Shipping not only carries more than 98 percent of Australia’s imports and exports, but coastal trading routes are vital for moving fuel, gas, commodities and manufactured goods between Australian ports.

“Our nation’s reliance on maritime transport to maintain continuous supply has never been more obvious than during this pandemic,” Mr Crumlin said.

“The current border closure system is preventing many of the people who operate that supply chain from getting to work or returning home to their families, causing serious mental and financial hardship.

“We need genuine cooperation internationally and locally, across all levels of government and industry, to develop consistent, sustainable guidance that protects workers, the community and the maritime sector.” 

Mr Crumlin wrote to the national taskforce on August 11 outlining the issues and calling for the Federal Government to:

  • Establish and fund a dedicated task force to coordinate across state and federal government agencies;
  • Work with the aviation sector to facilitate flights for seafarer’s repatriation;
  • Engage labour supply countries to better coordinate repatriation procedures for international seafarers;
  • Rationalise visa, permit, and exemption processes, to support crew changes directly;
  • Adopt the International Maritime Organisation-recommended framework for crew joining and leaving their ships;
  • Work with unions and industry to ensure supply chain integrity in the domestic industry;
  • Establish 'green lanes' for maritime crew repatriation;
  • Protect seafarers and the community through Australia’s adherence to IMO protocols, along with Maritime Labour Convention and International Labour Organisation conventions;
  • Mandate the supply of critical PPE to maritime workers; and
  • Maintain testing and travel protocols specifically for maritime workers to expedite safe interstate travel.

The full letter: https://www.mua.org.au/news/mua-letter-national-covid19-response-group

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A step forward on franchising reform

THE Australian Small Business and Family Enterprise Ombudsman Kate Carnell has welcomed the Australian Government response to the Parliamentary Joint Committee inquiry into the Franchising Code of Conduct.

“I am pleased to see that the response picks up on a number of the concerns of franchisees.” Ms Carnell said.

“The report focuses on the three key parts of the lifecycle of a franchisee – entry, running the business, and exiting the business

“My office already deals with a broad range of complaints, centred around these aspects of owning a franchise. We know that the power imbalance between franchisor and franchisee makes negotiating disputes incredibly difficult.”

The response incorporates the functions of the Franchising Mediation Adviser into the Ombudsman’s office.

“This is a welcome change that we and others have been advocating for over some time now  that will help us more effectively resolve disputes” Ms Carnell said.

The Review pointed to further consultation on a number of important aspects in franchising practices and disputes.

“I remain concerned that the response’s commitment to ongoing consultation will further delay the changes that everyone in the sector know are sorely needed," Ms Carnell said.

“I appreciate that this can be a complex area, but it has now taken a full 18 months for the Government to respond to the Parliamentary Joint Committee report.  Further consultation and delay in effecting change is unacceptable and will continue to heap pressure on small businesses during these extremely difficult times.

“We will continue to advocate for timely and effective changes to assist small businesses, and look forward to working with the Government to deliver these crucial reforms.”

www.asbfeo.gov.au

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Premier answers QRC call for greater resource role in COVID-19 recovery

THE Queensland Resources Council has welcomed Premier Annastacia Palaszczuk’s  commitment to strengthen the resources sector’s role in Queensland’s COVID-19 response and recovery.

QRC chief executive Ian Macfarlane said the Premier’s announcement of $5 million for a feasibility study into a gas pipeline from the Bowen Basin was a request in the QRC and AMEC’s Resource Industry Recovery Agenda.

“QRC believes the new gas pipeline can aggregate gas collection to increase the supply of gas across the region and lower the cost of delivering it to customers,” Mr Macfarlane said. "It will also maintain downward pressure on the delivered price of domestic gas.  There is also a role for the Australian Government’s Northern Australian Investment Facility to consider how it can support pipeline proposals."

Mr Macfarlane said more broadly, the Premier had identified the resources sector as “one of Queensland’s great strengths” and she has also recognised the work of the coal, metals and gas industries to protect workers and keep critical supply chains open.

“For the 372,000 Queensland men and women who rely on the resources sector for their employment, QRC thanks the Premier for her recognition of the sector’s role in the COVID-19 recovery and response,” Mr Macfarlane said.

“As an industry, we have worked extremely hard to protect our workers, their families, the communities we work in and the businesses we support.  We have done this and maintained as much of the $74 billion economic contribution to the Queensland economy as possible despite upheaval in global markets and movement restrictions.

"What does that mean for every Queenslander? Just over $40 every day for every Queensland man, woman and child.

“Right now, Queenslanders need that economic contribution more than ever," he said.

“I had the opportunity to meet the Premier last week, and her comments today reinforce her support for the sector’s role in the COVID-19 response.”  

Mr Macfarlane said QRC would continue to work with the government to secure bipartisan support for a resources industry development plan, stable rates and thresholds on the royalty taxes paid by all resource commodities for the next decade, and a streamlined assessment and approval process for new projects.

QRC Resource Industry Recovery Agenda: https://www.qrc.org.au/wp-content/uploads/2020/06/Resource-Industry-Recovery-Agenda.pdf

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Tax Practitioners Board launches new corporate plan 2020-21

CELEBRATING its 10th anniversary, the Tax Practitioners Board (TPB) has released a new corporate plan for 2020-21, outlining its purpose, vision and values for the coming year.

In his introductory message, TPB chair, Ian Klug said the role of the TPB is to support the public and enhance the integrity of the tax profession.

"On our 10th anniversary, our vision speaks powerfully to the important role we play not only in upholding the broader integrity of the tax system but also in implementing whole-of-government reform initiatives," Mr Klug said.

"The way we achieve our purpose, as set out in this plan, includes supporting honest practitioners, who make up the large majority, through registration services, complaint resolution, investigations of alleged misconduct and, where appropriate, sanctions."

Mr Klug said the Australian community generally has high levels of trust in its tax practitioners – with over 71 percent of taxpayers choosing a tax professional.

"This year we want to improve our services for those tax practitioners who model professional and ethical conduct," he said.

Mr Klug also refered to the TPB compliance program, modified to target high risk tax practitioners, particularly those who have attempted to defraud government stimulus measures.

He said in 2020-21 there would be an increased focus on these and unregistered advisers, expecting 1,000 investigations to be completed.

"Sanctions, such as suspensions and terminations, will be imposed after review and decision by our independent board – supporting community confidence in the integrity of the system and providing a deterrent to misconduct," Mr Klug said.

Mr Klug said the TPB was "continually evolving, taking insights from government reviews" and refers to "opportunities to support government decisions on reforms arising from the Hayne Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry".

He also said the TPB awaits the government decisions on the recommendations arising from the independent review of the TPB, "subject to these decisions, we are confident that the TPB will continue to effectively serve the community into the future."

About the Tax Practitioners Board

The Tax Practitioners Board regulates tax practitioners in order to protect consumers. The TPB aims to assure the community that tax practitioners meet appropriate standards of professional and ethical conduct. Twitter @TPB_gov_au, Facebook and LinkedIn.

 

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ATO: More employees now able to access JobKeeper

THE AUSTRALIAN Taxation Office (ATO)  has implemented changes to the JobKeeper employee eligibility rules following the registration of the Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No.7) 2020

These changes mean employers already enrolled in JobKeeper may be able to receive the JobKeeper payment for more of their employees.

"We have released new information on www.ato.gov.au/JobKeeper to further support employers with JobKeeper payments in these difficult times," ATO Deputy Commissioner James O’Halloran said.

"Importantly the key date for assessing which employees are eligible for JobKeeper is now 1 July 2020, rather than 1 March 2020. Additionally, employees that meet the eligibility requirements can now be nominated by a new employer if their original employment with a JobKeeper employer ended before 1 July 2020. Employees can still only be nominated by one employer at any given time.

“JobKeeper enrolments are still open. We encourage all businesses to review the eligibility criteria and if eligible, enrol in the program to start receiving JobKeeper payments. Employers already receiving JobKeeper are encouraged to review the new eligibility criteria against all employees and updated guidance is now available on our website,” Mr O’Halloran said.

Employers should start paying new eligible employees a minimum of $1,500 per fortnight from the JobKeeper fortnight 10, which commenced on August 3.

For the fortnights commencing on 3 August 2020 and 17 August 2020, the ATO is allowing employers until 31 August 2020 to meet the wage condition for all new eligible employees included in the JobKeeper scheme under the 1 July eligibility test.

Employers can commence claiming for the JobKeeper reimbursement for the new eligible employees from 1 September when they can lodge their August monthly declaration claim.

“The ATO is here to support those doing it tough and knows how vital the JobKeeper payment is to the community," Mr O'Halloran said. "We have provided more than $37 billion in JobKeeper payments to around 989,000 businesses and not-for-profits. This means around 3.6 million individuals are now covered by JobKeeper.”

Individuals, sole traders, small or medium business having difficulty meeting tax and super obligations because of COVID-19 can contact the ATO’s Emergency Support Infoline on 1800 806 218 to discuss tailored support options.

“We are committed to providing the community with the help they need through this difficult period, and have a range of practical support options available,” Mr  O’Halloran said.

Further announcements by the Federal Government regarding the extension to the JobKeeper Payment program are subject to the passage of legislation. These changes will not impact JobKeeper payments until after September 28, 2020 and guidance will be provided in due course, according to the ATO.

For information about current JobKeeper support and assistance available from the ATO and information about the JobKeeper extension go to www.ato.gov.au/JobKeeper. For information about other support and assistance available from the ATO go to www.ato.gov.au/coronavirus.

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IEU welcomes super funds merger

THE Independent Education Union of Australia NSW/ACT Branch (IEUA NSW/ACT) has welcomed the announcement that NGS Super and Australian Catholic Super intend to merge.

The planned merger will create a large fund with more than $21 billion under management. It will have over 200,000 members servicing independent and Catholic schools and the community services sector across Australia.

"This merged fund, which is still to be named, will create an inclusive fund with nationwide reach, which understands the non-government education sectors and the needs of our members who work in them," an IEU spokesperson said.

"After decades of coexistence and competition, the joining of these two significant funds will enable them to channel their energies more fully into providing the best possible service, to the benefit of members and employers."

As reported in today’s Financial Review, the chairman of NGS Super and former IEUA NSW/ACT Branch secretary, Dick Shearman, said the merger would deliver economies of scale and the ability to improve member services.

The board of the new fund will still have an equal number of member and employer representatives, and the IEU will retain the right to appoint directors.

The union said it looked forward to continuing its close relationship with the fund through sponsorship of union events and hosting super and financial education sessions for our members in union venues.

"This is an historic announcement,” IEUA NSW/ACT secretary Mark Northam said.

"The union expects meaningful engagement during the merger process so we can ensure our members’ best interests are served.”

Following due diligence, the merger is expected to take place in late 2021.

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