Author: admin

A world-first Elder Abuse Prevention and Support Framework and a new digital aged care staff training system are underway to protect vulnerable senior Australians.
The Older Persons Advocacy Network (OPAN) has developed the initiatives, thanks to a $3 million Liberal National Government investment to tackle elder abuse.
Preventing and addressing elder abuse is a top priority, and aged care advocacy and giving a voice to senior Australians play a crucial part in this.
The new national framework – developed from advocacy experience in Western Australia and South Australia – aligns services to prevent elder abuse and will allow OPAN’s advocates in every State and Territory to better support senior Australians, and provide even stronger advocacy for their rights and protection.
The new aged care staff training tool Talk to Us First is an innovative way to help aged care providers educate their workforce about OPAN’s services and how to help care recipients and their families access aged care advocacy.
It also highlights the importance of increasing awareness of the Charter of Care Recipients’ Rights and Responsibilities.
The initiatives come as new figures from OPAN WA service provider Advocare show a significant rise in calls to the State’s Elder Abuse Helpline.
Advocare regularly receives around 60 calls a month about elder abuse concerns but these rose to over 100 in October.
OPAN is receiving funding of $27.5 million over three years to provide the National Aged Care Advocacy Program and has been provided with an additional $3 million to expand its work on elder abuse.
As part of the More Choices for a Longer Life Budget package the Government is providing an additional $22 million to a variety of services, to tackle elder abuse.
The funding will include the establishment of trials of specialist elder abuse units in legal services, more support for family counselling and mediation services, and the advancement of health-justice partnerships.
A national plan to co-ordinate activities to combat elder abuse is also currently being developed.
Stopping the abuse of our elders – be it financial physical or emotional – is everyone’s responsibility and we owe it to senior Australians to ensure they are treated with the respect and dignity they deserve.
Senior Australians, their families or carers in need of aged care advocacy should go to the OPAN website or call 1800 700 600.

The Federal Court has imposed record penalties totalling $18 million against We Buy Houses Pty Ltd (We Buy Houses) and its sole director, Rick Otton, for making false or misleading representations about how people could create wealth through buying and selling real estate, following ACCC action.
The penalties of $12 million imposed against We Buy Houses, and $6 million imposed against Mr Otton personally, are the highest ever imposed for contraventions of the Australian Consumer Law by a corporation and an individual, respectively.
The Federal Court also banned Mr Otton from managing corporations for 10 years in Australia and permanently restrained Mr Otton and We Buy Houses from further involvement in the supply or promotion of services or advice concerning real property transactions or investment.
“We Buy Houses and Mr Otton peddled false hope to people simply looking to get a foothold in the housing market or invest money in real estate for their future,” said ACCC Chair, Rod Sims.
“The record penalties imposed against both We Buy Houses and Mr Otton reflect their egregious conduct.”
“They have also effectively been permanently banned from any further involvement in real estate in order to protect consumers,” Mr Sims said.
“These record penalties demonstrate the determination of the ACCC to take strong and effective enforcement action against businesses and individuals who prey on consumers using the false hope of creating financial success. The judgment signals the Court’s condemnation of false and misleading property spruiking and get rich quick schemes.”
“This outcome also reflects a recent trend of higher penalties for Australian Consumer Law breaches. We can expect this to continue following recent law changes to increase maximum financial penalties under consumer law,” Mr Sims said.
We Buy Houses and Mr Otton taught real estate investment strategies via free seminars, and paid ‘boot camps’ and mentoring programs that claimed people could:

• buy a house for $1, without needing a deposit, bank loan or real estate experience, or using little or none of their own money
• create passive income streams through property and quit their jobs
• build a property portfolio without their own money invested, new bank loans or any real estate experience, and
• start making profits immediately and create or generate wealth.

In August 2017 the Federal Court found these claims were false or misleading, in contravention of the Australian Consumer Law.
“In her judgment on liability, Justice Gleeson said the free seminars were a waste of time, and that the boot camps and the mentoring programs were an expensive waste of time,” Mr Sims said.
The Court also found that Mr Otton had made false or misleading representations that he had successfully implemented the wealth creation strategies he taught. In addition, a book authored by Mr Otton, and websites operated by We Buy Houses and Mr Otton, included testimonials from ‘students’ claiming they were able to buy a house for $1, which the court found were false or misleading.

Background

The ACCC instituted proceedings against We Buy Houses and Mr Otton in March 2015 following a coordinated investigation with New South Wales Fair Trading. On 11 August 2017, the Federal Court delivered judgment on liability, finding that Mr Otton and/or We Buy Houses had engaged in multiple contraventions of sections 18, 29(1)(f), 29(1)(g), 34 and 37 of the Australian Consumer Law.
We Buy Houses had been conducting training programs including free seminars, boot camps and mentoring programs throughout Australia since around 2000. Between 2011 and 2014, We Buy Houses generated the majority of its $20 million revenue from conducting these training programs.

The ACCC will not oppose the proposed acquisition of Austrak by Vossloh Australia.
Vossloh and Austrak are suppliers of rail track components. Vossloh supplies rail fastening components and switch systems including turnouts, while Austrak supplies concrete sleepers and bearers.
“There is no horizontal overlap between the products manufactured and supplied by Vossloh and Austrak in Australia. There are vertical links, however, and this is what the ACCC’s investigation focussed on,” ACCC Commissioner Roger Featherston said.
The concrete sleepers that Austrak manufactures and supplies are manufactured to fit specific fastening systems (potentially including those manufactured by Vossloh). In addition, Austrak supplies concrete bearers to turnout manufacturers such as Vossloh for use in the production of turnouts.
“The ACCC considered whether the proposed acquisition could enable the combined Vossloh-Austrak to lessen competition in either turnouts or fastenings by foreclosing its rivals,” Mr Featherston said.
The ACCC’s inquiries indicate there are alternative manufacturers of sleepers and bearers in Australia and some imports.
“After speaking with a range of industry participants, we consider that existing manufacturers of sleepers and bearers could expand their offerings, including by increasing production or expanding their geographic presence,” Mr Featherston said.
In relation to fastening components, industry participants also indicated that there is a very strong competing supplier, whose products are approved for use in most rail tracks, and is likely to continue to constrain Vossloh post acquisition.
The ACCC also considered concerns raised about the possible disclosure of confidential turnout and fastening information to the combined Vossloh-Austrak, but did not consider that it would cause a substantial lessening of competition.
More information is available at Vossloh Australia Pty Ltd – proposed acquisition of Austrak Pty Ltd.
Background
Austrak is a wholly owned subsidiary of Laing O’Rourke, and is the largest concrete sleeper manufacturer and supplier to the rail industry in Australia.
Sleepers are rectangular supports that support the rails and uniformly transfer and distribute loads to the underlying ballast.
Fastening components are used to connect rails to railway sleepers. Turnouts enable trains to move from one track to another. Bearers are similar to sleepers, but lie underneath turnouts instead of straight track and are specifically designed for each turnout.
Austrak has concrete sleeper manufacturing facilities in four states (Qld, NSW, WA, Vic).
Vossloh is a subsidiary of Vossloh AG, a German rail technology company which manufactures and supplies rail infrastructure. In Australia, Vossloh supplies rail fastenings and switch systems, including turnouts which enable trains to move from one track to another.
Vossloh does not manufacture or supply sleepers in Australia. It supplies fastenings in Australia for use with slab track and does not currently supply fastenings for use in ballasted track (although it has the ability to do so).

The ACCC has decided not to oppose the proposed acquisition of Racing Internet Services Pty Ltd (Racenet) by Punters Paradise Pty Limited (Punters), a subsidiary of News Corp Australia Investments Pty Ltd.
Punters and Racenet are digital platforms that provide racing news and information to consumers through their websites, mobile apps and social media channels.
The parties also earn revenue for referring new customers to corporate bookmakers, by acting as betting affiliates.
“The ACCC found that there are numerous alternative sources of online racing news and information for consumers other than Punters and Racenet,” ACCC Commissioner Roger Featherston said.
The ACCC also found betting-affiliate services are just one of a number of channels used by corporate bookmakers to acquire new customers.
As a result, the ACCC concluded that it was unlikely that the proposed acquisition would result in a substantial lessening of competition in any market.
Further information is available at News Corp – proposed acquisition of Racing Internet Services Pty Ltd (Racenet).

The Australian Federal Police (AFP) has restrained more than $8.5m in jewellery, vehicles and properties in Melbourne, Sydney and the Gold Coast, as part of a proceeds of crime investigation into offshore funds allegedly being laundered in Australia by Chinese nationals.
The operation follows a 2016 request from the Chinese Ministry of Public Security (MPS) for AFP assistance to identify possible Chinese nationals involved in this illegal activity.
The AFP will allege two Chinese nationals travelled to Australia in 2015 to establish shell companies to transfer proceeds of crime and purchase residential and development property in Australia. Chinese authorities allege the money was raised in China through the defrauding of investors.
On 14-15 November 2018, AFP investigators seized the properties, vehicles and luxury items during simultaneous search warrants in the Melbourne suburbs of Lower Plenty, Hawthorn and Melbourne CBD. A further warrant was executed in the Sydney suburb of Waterloo/Zetland. Investigations into the individuals involved are ongoing.
AFP Acting National Manager Organised Crime, Commander Bruce Hill, highlighted the importance of international collaboration in stopping money laundering and its harmful impact on the Australian community.
“As people attempt to evade foreign governments and police agencies, the AFP is committed to working with our international counterparts to stop proceeds of crime being laundered in Australia,” Commander Hill said.
“This kind of activity – where significant criminal proceeds are moved into Australian assets – can erode the level playing field for Australian homebuyers and small business owners. This ripple effect impacts our whole community; it is far from a victimless crime.
“Our message to people thinking about laundering proceeds of crime in Australia is clear – your money and assets are not hidden from the AFP and our international partners. We will catch you.”
The $8.5 million in restrained assets are now subject to a Commonwealth restraining order made under the Proceeds of Crime Act 2002. These alleged proceeds of crime were related to the following offences:

• Dealing in proceeds of crime, money or property worth any value up to $1,000,000 or more contrary to section 400.3 of the Criminal Code 1995 (Cth);
• Obtaining property or a financial advantage by deception contrary to section 134 of the Criminal Code 1995 (Cth); and
• Causing a loss to the Commonwealth (ATO) contrary to section 135.1 of the Criminal Code 1995 (Cth).

This is the third separate investigation since October 2018 involving Chinese nationals allegedly creating shell companies, laundering money and evading tax.  In October 2018 the AFP restrained three residential properties and two bank accounts relating to proceeds of crime with an estimated value of $2 million.
Collectively, these investigations have resulted in about $10.5 million in restrained assets.
The AFP has a long and productive relationship with the MPS and ongoing close collaboration under the Joint Agency Arrangement on economic crime cooperation. The AFP will continue to disrupt transnational money laundering groups and demonstrate that Australia is a hostile environment for criminals seeking to hide their illegally-obtained assets.

The cost of treating patients can be almost twice as high depending on the hospital, according to a new report from the Australian Institute of Health and Welfare (AIHW).
The report, Costs of acute admitted patients in public hospitals from 2012–13 to 2014–15, examines the costs associated with providing similar treatment to patients, across comparable public hospitals. These data are available for benchmarking the average costs of care across hospitals and over time.
The report shows that some hospitals spent up to $6,400 to deliver a notional ‘average’ service for acute admitted patients, which cost as little as $3,300 in other hospitals.
‘Across major public hospitals, the average cost to treat acute admitted patients was $4,680,’ said AIHW spokesperson Dr Adrian Webster.
Overall, the average cost of delivering care in major public hospitals decreased by 1% over the period 2012–13 to 2014–15.
‘Acute admitted patients include those who are admitted for the management of childbirth, surgery, or other diagnostic and therapeutic procedures,’ Dr Webster said
Four of the 5 major public hospitals with the lowest costs were located in Victoria: the Alfred, Monash Medical Centre, University Hospital Geelong, and St Vincent’s Hospital, with the remaining hospital—Nepean Hospital—located in New South Wales.
The 5 hospitals with the highest costs were located across Australia: Canberra (ACT), Royal Perth Wellington St Campus (WA), Sir Charles Gairdner Hospital (WA), Princess Alexandra Hospital (Qld), and Royal Adelaide Hospital (SA).
From 2012–13 to 2014–15, 7 major metropolitan public hospitals reduced their average cost of delivering care by at least 5%. Westmead Hospital saw the greatest decrease in costs, falling by 9%. This was followed by Prince Charles Hospital (Qld) and Flinders Hospital (SA) at 8% each.
‘On the other hand, 4 major metropolitan public hospitals increased their average cost of delivering care to acute admitted patients by at least 5%,’ Dr Webster said.
The average cost of care at Royal Perth Hospital (WA) grew the most, rising by 10%, followed by Royal Melbourne Hospital (Vic) (8%), and Royal Hobart Hospital (Tas) and Princess Alexandra Hospital (Qld) at 7% each.
‘To support fair comparisons of hospitals, the report does not include costs that are not comparable across hospitals nationally, such as property expenses,’ Dr Webster said.
The methods used in this report also account for key differences in the type of services provided to patients and the complexity of a patient’s condition. These data do not, however, include information about the quality of care or patient outcomes so are only an indirect measure of hospital efficiency.
‘By looking at average costs per patient, this report provides us with another way of understanding our hospital system and variability in health care expenditure,’ Dr Webster said.
‘The report also helps build a picture of costs over time, so we can develop a long term evidence base to inform policies aimed at improving the efficiency and sustainability of our health system.’
Today’s report is available on the AIHW’s MyHospitals website.

The Morrison Government has today announced 32 recommendations to further protect telco consumers.
The recommendations are contained in Part A of the Consumer Safeguards Review which include strengthening the Australia’s Telecommunications Ombudsman. The findings also look to improve the handling of customer complaints and increase the transparency of complaints data to drive the telco industry toward improved customer service.
The three part review, announced in April 2018 examines how to better protect telco customers in a landscape that has seen massive change over the last two decades. Twenty years ago, approximately 35 per cent of Australian homes had a broadband connection. By 2020, 100 per cent of homes will be able to connect through the NBN.
Minister for Communications Mitch Fifield said the Morrison Government was putting consumers first.
“The consumer safeguards we have in place today are designed around the old telephone network. The ongoing relevance and usefulness of these protections is diminishing as Australia’s telecommunications environment and consumer use evolves” he said.
Today’s Part A Recommendations: Consumer Redress and Complaints Handling will strengthen the Telecommunications Industry Ombudsman (TIO) by improving its governance, operations and relationship with the telco regulator, the Australian Communications and Media Authority (ACMA).
The consultation paper for Part B: Reliability of Telecommunications Services was also released today and submissions are due by 21 December 2018. Part B of the Review is based on the fundamental principle that all Australians should be able to connect to, and stay connected to, a reliable fixed service.
“Broadband is now considered as essential as electricity or water. Consumers expect to get connected and stay connected, and if something goes wrong, it needs to be fixed and fixed quickly”.
Part C of the consumer safeguards review will look at choice and fairness in the retail relationship between the customer and their provider. The consultation paper will be released in early 2019.
The full report and recommendations from Part A (redress and complaints handling), and the Part B discussion paper (service reliability) are available at: www.communications.gov.au/consumer-safeguards-review