Monday 9 May 2016

Australian Federal Election 2016: corporations behaving badly


Since the Turnbull Government announced it was returning some of the Abbott funding cuts to Australia's corporate watchdogs (by way of an increase in an existing levy on banks and other financial institutions) the mainstream media has started to move on from commenting on what appears to be endemic corruption in corporate Australia.

The exception to that observation is The Guardian who reported on The Australia Institute report and also compiled a banking scandal list.


A new report analysing findings from across several corporate regulatory bodies and related agencies finds widespread wrong-doing in the Australian private sector. 
Meanwhile the six major regulatory bodies and other agencies have seen 3,926 staff cut (or 14.9%) between the 2013-14 and 2015-16 budgets – meaning there are less cops on the corporate beat.
The research, commissioned by the ACTU, reviews figures from the Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), Australian Tax Office (ATO), Fair Work Ombudsman, Fair Work Commission and Australian Bureau of Statistics (ABS).


* The Australian Tax Office (ATO) annual reports were examined to determine the extent of tax evasion and avoidance. Overall the ATO figures and discussion suggest that in the ATO's normal course of business it recovers huge amounts from companies and other businesses that attempt to conceal their liability for taxation. In earlier years the ATO was prosecuting over 500 companies a year and still prosecutes 300 a year, the downward trend possibly reflecting the staffing reductions. It settles with many more and as a result recovers some $3.5 billion in tax from companies attempting to hide their profits. Companies also try to underpay the GST and other indirect taxes as well as PAYG on behalf of their employees; those amounted to $6.3 billion in the latest year for which there is complete data. One of their compliance programs, the taxable payments reporting system' specifically targets building and construction firms and has recovered $2.3 billion for the year 2012-13 alone. Similar successes have been recorded in relation to the other specific target groups such as the international profit shifting program.

* On Tuesday the 5th of April 2016 The Australian Financial Review published nine stories on wrong-doing or alleged wrong-doing on the part of the Australian corporate sector:

1. Banks considering legal action against the board of Arrium (a listed company) for drawing down a loan while simultaneously seeking to negotiate offloading debt at a large discount (page 1 and 11),

2. Panama leaks suggest BHP's many British Virgin Island companies established to create profits appear on the British side of the company (p. 1),

3. WIN alleged Nine Entertainment broke its supply agreement with a streaming service (p. 2),

4. Ken Henry (NAB chair) supported calls for Australian companies to take more responsibility for misdeeds and ASIC wanting to make boards criminally responsible for bad conduct (p. 6),

5. BHP threatening to fire a law firm in Panama for wanting to undertake due diligence on BHP's operations.

6. Queensland Nickel likely to go into liquidation without making provision for workers' entitlements (p. 8),

7. ASIC to 'nail' a second among the big four banks following court proceedings against ANZ (p. 12),

8. Rate rigging probe to investigate other big four banks (p. 15), and

9. CBA facing senate inquiry into charges, inter alia, that it overlooked three whistle-blower claims, ANZ had been examined over links with corruption scandal in Malaysia (p. 15).

A casual check of the front page the previous day suggested this is not unusual, with the lead story of the ATO targeting 800 wealthy individuals using corporations and other structures in tax havens and involving 'suspected money laundering, arms and drug deals, and tax avoidance'. This of course referred to the suspect activities organised by the law firm Mossack Fonseca and largely operating out of Panama.1 Another page one story refers to the takeover of Asciano, which was supposed to involve three independent entities but suggests that common ownership will thwart that independence against the deal negotiated with the ACCC.

*The April 5 articles involved five of the top 10 listed companies in alleged wrong-doing in just one day of news, suggesting such malfeasance is rife among Australia's leading companies. That impression gave rise to this paper which attempts to provide some estimate of the magnitude of the problem. To that end the paper examines various data sources that give a more complete picture of corporate behaviour in Australia. In generating a database of misbehaviour it has to be appreciated that regulators are inclined to settle with corporate wrong-doers. The compliance pyramid used by many regulatory agencies is specifically designed to begin with activates such as education and negotiation and ending with legal proceedings. Usually the number of cases diminishes rapidly as the government agency moves up the compliance pyramid.

In generating a database of misbehaviour it has to be appreciated that regulators are inclined to settle with corporate wrong-doers. The compliance pyramid used by many regulatory agencies is specifically designed to begin with activates such as education and negotiation and ending with legal proceedings. Usually the number of cases diminishes rapidly as the government agency moves up the compliance pyramid.

* The Australia Institute has examined ACCC media releases over the last ten years (from 2006). A total of 92 matters covered by media releases were published relating to ACCC action against companies included in the top 50 listed corporations. On 29 occasions the ACCC took legal action and gained either a ruling in its favour or an out of court settlement. On the other 63 issues, the ACCC did not proceed with litigation, but made administrative proceedings, recommendations or expressed concern.

Of the 92 issues the ACCC took some action on, three companies were involved in 56 of them – the Woolworths, Wesfarmers (parent company of Coles) and telecommunications giant, Telstra.



* ASIC has the power to commence prosecutions, usually through the Director of Public Prosecutions. In the four and a half years to December 2015 it successfully concluded 3,115 cases against corporations. ASIC reports on enforcement activities every six months.19 These include only cases that have been successfully concluded. The areas of enforcement include market misconduct, corporate governance misconduct and financial services misconduct for both large and small businesses. The types of enforcement include criminal and civil proceedings, administrative remedies and enforceable undertakings and negotiated outcomes.

The Guardian, Timeline: banking scandals in Australia since 2009 (in reverse order), 29 April 2016:

Wednesday 6 April 2016
Former ANZ planner jailed for stealing almost $1m  - jailed for more than six years….for stealing almost $1m from an elderly client to feed a gambling debt. ANZ promised to reimburse the victim…..

Tuesday 5 April 2016
Westpac subsidiary paid penalties of $493,000 after breaching consumer protections - Asic found it breached important consumer protection provisions relating to the repossession of motor vehicles, including failing to provide customers with default notices prior to commencing enforcement proceedings to repossess mortgaged vehicles; and failing to provide customers with legally required information setting out their rights within the required time frame after it repossessed mortgaged vehicles.

Tuesday 5 April 2016
Asic sued Westpac over alleged market manipulation in setting bank bill swap rate - Asic started legal proceedings in the federal court in Melbourne against Westpac for unconscionable conduct and market manipulation in relation to Westpac's involvement in setting the bank bill swap reference rate in the period 6 April 2010 and 6 June 2012. It is alleged that Westpac traded in a manner intended to create an artificial price for bank bills on 16 occasions during the period of 6 April 2010 and 6 June 2012….

Monday 4 April 2016
ANZ announces it reported three breaches of dispute resolution requirements - ANZ told a parliamentary inquiry that for 2014-15, it had reported three breaches of the internal dispute resolution requirements under the code of banking practice to the code compliance monitoring committee and six in 2013-14. Two breaches for 2014-15 were self-identified and one was raised with ANZ by the committee.

Wednesday 30 March 2016
ANZ announced it would refund $5m - …..to 25,000 customers after it failed to properly apply some fee reductions and fee waivers for certain customers….

Thursday 17 March 2016
Asic imposed conditions on Macquarie financial services license - Asic imposed additional conditions on Macquarie Bank Limited's Australian Financial Services (AFS) licence for breaches relating to the handling of client money between March 2004 and 2014. The breaches raised issues including failing to deposit monies into a designated client trust account; and making withdrawals that were not permitted from such an account….

Tuesday 15 March2016
ANZ gives $4.5m compensation for breaches - ANZ confirmed engagement of PricewaterhouseCoopers in January 2016 to conduct an independent compliance review within its OnePath subsidiaries, following compliance breaches that were proactively reported to Asic from early 2013. Since February 2013, ANZ has compensated about $4.5m to around 1.3 million OnePath customers for breaches including not following up on some unbanked cheques and for superannuation contributions not being allocated to the customer's correct account.

Read the rest of the seven year timeline here.

The Australian, December 2015:

NAB boss Andrew Thorburn earned $5.5 million for his first full year in the banking giant's top job.
Mr Thorburn's remuneration package for the year to September 30 was largely made up of $2.3m in cash and more than $3m in cash and share-based bonuses.
During 2013-14 he earned $2.2m as the head of NAB's Bank of New Zealand subsidiary before taking on NAB's top job on August 1 last year.
His pay packet was dwarfed by his contemporaries at ANZ and the Commonwealth Bank.
ANZ boss Mike Smith received total remuneration worth $10.8m, including a $3.3m cash salary, while Commonwealth Bank chief executive Ian Narev's pay fell to just under $8m.
Gail Kelly collected nearly $12m before she left the chief executive's chair at Westpac in February.


On 4 June 2015 the House of Representatives referred an inquiry into the impairment of customer loans to the committee for inquiry and report by 31 March 2016.
On 4 June 2015 the committee resolved that:
* in conducting the inquiry the committee will not investigate or seek to resolve disputes between customers and banks; and
* where the experiences of customers may inform the committee about the practices of banks, the committee welcomes submissions that explicitly address the terms of reference.
On 22 July 2015 the committee extended the closing date for submissions to 21 August 2015.
On 2 March 2016, the House of Representatives granted the committee an extension of time to report until 20 May 2016.
On 15 April 2016, the inquiry lapsed due to the prorogation of the House of Representatives.
On 19 April 2016, the committee resolved to re-adopt the inquiry using the same terms of reference as the original inquiry referred by the House of Representatives on 4 June 2015 but with a reporting date to be determined by the committee.
This still sitting inquiry has held 8 public hearings to date and received 195 submissions.
Here are excerpts from one submission concerning a home build in a suburb with a median house price of over $1.5 million:
* BankWest insisted that the mortgage was only available to us as a Commercial Loan Facility due to the size of the build. We were told this was appropriate even for a private residence.
 * BankWest was so inefficient with their drawdown to pay the builder and quantity surveying checks, that months of building time were lost. It could take up to 4 weeks to get an approved drawdown. Building stopped during this period......
* At this point no loans were in arrears
* BankWest stopped all contact.
* BankWest increased interest rates to a default 18.5%.....
* ......were offered $11.5m by a third party for the house so long as it was completed.
* BankWest refused the offer.
* BankWest refused to complete the house
* BankWest charges kept accruing.
* BankWest denied all contact with us for nearly 12 months whilst charges kept accruing.
* BankWest appointed receivers.
* Receivers charged huge fees
* BankWest devalued the property extremely low
* .....were denied any right to see valuation.
* ..... were denied any right to see monies being spent.
* .....were denied any right to see any administration costs.
* BankWest then completed the build of the property.as per our request 12 months earlier.
* The completion cost of the build was blown out with huge administration charges and interest.
* BankWest then sold a potential $10m property undervalued with only a 3 week sales campaign.
* Coincidently the only bidder at the auction was a senior executive from NAB whose opening bid was the approximate amount of the mortgage.
* The receiver’s then set a seller opening bid of $7,225,000 and instructed the auctioneer to announce that anyone who paid $1.00 more for this property would purchase the property today.
* BankWest Lawyers were threatening and acted unconscionably. I have to state in my life I have never felt so threatened and shaken by a conversation.
* BankWest demanded we pay an an extra $500K in extra charges.
* At this point I contacted the Banking Ombudsman.
* Within 48 hours of the Ombudsman contacting BankWest they immediately dropped the extra $500,000 of extra charges. Why?
* BankWest demanded that I signed a confidentiality agreement about this process.
* BankWest demanded that I signed an agreement agreeing never to take legal action against them.
* No documents relating to the sale or process were ever provided. [my red bolding]

Sunday 8 May 2016

Federal Election 2016: Malcolm Bligh Turnbull and housing affordability


On 4 May 2016 this on-air exchange occurred between ABC 774 Radio presenter Jon Faine and Prime Minister Malcolm Bligh Turnbull:

JON FAINE" Yeh but my question was specifically about the intergenerational aspects of it. It’s  [negative gearing] creating conflict with effectively the kids of your and my generation, who can't get into the market and they're saying oh for goodness sake you baby boomers, you just want everything and you're locking us out.”

MALCOLM TURNBULL"Are your kids locked out of the housing market?"

JON FAINE"Yes"

MALCOLM TRUNBULL"Well you should shell out for them, you should support them, a wealthy man like you"

JON FAINE"That's what they say" [laughing]

MALCOLM TURNBULL"Exactly. There you go. See you've got the solution in your own hands”

JON FAINE: “That’s hardly national policy”

MALCOLM TURNBULLYou can provide a bit of inter-generational equity in the Faine family"

There is a reason why Turnbull can be so casually dismissive of concerns about home ownership and housing affordability and, it can be found in his privileged background.


Title records show that Mr Turnbull was a law student at Sydney University when he spent $17,000 on a worker’s semi on Newtown’s Wells Street. At the time he was far from a struggling student kicking around the backstreets of the inner west. He was already a Point Piper resident, with corporate records showing he lived in the Longworth Avenue apartment owned by his late father, hotel broker Bruce Turnbull.
That Newtown investment property was likely Mr Turnbull’s first windfall from the Sydney property market. He sold it in 1981 for $68,000, quadrupling in value over the three years.
The year after his Newtown purchase title records show the Rhodes scholar (or “student” according to the property transfer) bought a terrace on Redfern’s Great
Long before Malcolm Turnbull ascended to the highest political office in the country and took the keys to his official Sydney residence Kirribilli House, he had already amassed a fortune – much of it from Sydney’s property market.
The 29th prime minister has come a long way from his 1978 first-home purchase in Newtown, to his $50 million-plus trophy waterfront home in Point Piper.

Privately educated Malcolm Turnbull was 23 or 24 years old, son of a successful property speculator and a recent university graduate, when he purchased his first property in 1978.

By the end of 1982 this now married practicing lawyer was a member of the Liberal Party, had inherited an est. $2 million in assets, become a grazier and acquired a second investment property – all the while residing in a Point Piper flat owned by his father.

Five years later he was an investment banker at Whitlam Turnbull & Co. Ltd.

By the time he entered parliament as the Member for Wentworth in 2004 he was reputedly worth $133 million.

Turnbull’s fortune continues to grow.

This is a man who has never known Struggle Street. 

Australian Federal Election 2016: Abbott shafted the frail aged in New South Wales, Turnbull ignores their predicament and now Baird has turned his back


The profits of aged care homes surged 40 per cent in the past year as operators cut hours of nursing care while claiming higher payments from the federal government for servicing more of the most frail patients. The earnings boom in the sector comes after the government introduced widespread reforms of aged care in 2014, including deregulating fees and lifting restrictions on the accommodation bond that nursing homes can levy on residents. [The Sydney Morning Herald, 1 January 2016]

In 2014 then Prime Minister Tony Abbott amended the C’wealth Aged Care Act 1997 with the Aged Care (Living Longer Living Better) Act 2013.

The amendments impacted on the requirement under s104 of the NSW Public Health Act 2010 to have a registered nurse on duty at all times in a nursing home.  

The Baird Government initially grandfathered its Public Health Act until December 2015 and then awaited a report by the NSW Legislative Council General Purpose Standing Committee No. 3’s parliamentary inquiry established on 25 June 2015.

On 29 October 2015 the Committee’s Final Report was tabled with the following recommendation:


On Friday 29 April 2016 at 3.15pm the NSW Baird Coalition Government responded to the Final Report’s 17 recommendations by washing its hands of any responsibility for staffing levels NSW nursing homes:


So three days before the 2016-17 federal budget details are revealed, possibly less than 32 days until the federal government enters caretaker mode ahead of a 2 July 2016 double dissolution federal election, and at the end of a working week, this Liberal-Nationals state government announces that it is very willing to place the lives of every frail aged resident in New South Wales nursing homes at significant risk.

Perhaps he and his government are hoping that the media will quickly lose interest and, that older voters and their families will forget that they will now be playing what could possibly be a cruel game of Russian roulette if they decide to spend their remaining years in aged care.

Saturday 7 May 2016

Tweets of the Week


From @Info_Aus:

From @srpeatling, 3 May 2016:



The Lower Clarence Cane Toad Outlier - coming to a venue near you!


Cane Toad photo found at news.com.au

EARTH MATTERS
Monday 16th May  

The Lower Clarence Cane Toad Outlier - coming to a venue near you!

For over 20 years the small pocket of toads in the lower Clarence has been a source of frustration for many. Many people in Yamba and surrounds are resigned to sharing their properties with toads for the rest of their days. With some of the nation’s most significant wetlands only a few hops away there are a lot of reasons to contain this pest population.  

Nigel Blake who is employed by North Coast Local Land Services will chat about the ongoing toad busting challenge from his perspective as a government employee and fan of the swamps.

You’ll hear about the stories of those involved in the mission to keep the toads out of the homes, National Parks and high ecological value wetlands of the Clarence Floodplain- see the latest weapons, marvel at the haul of toads collected by volunteers and our local contractor, and take part in a brain storm on how to get more troops on the ground to tackle this menace. 

The presentation will be held in the Staffroom at Grafton Public School, Queen Street, Grafton from  
5.30 – 7 p.m.

There will be ample opportunity for questions and discussion.
Refreshments will follow.

For further information, contact Stan Mussared on 66449309

Organised by the

CLARENCE VALLEY CONSERVATION COALITION INC
Po Box 1015 Grafton NSW 2460

and the

CLARENCE ENVIRONMENT CENTRE
Skinner Street South Grafton NSW 2460

Friday 6 May 2016

Multimillionarie Australian Prime Minister Malcolm Turnbull's 'churn & burn' path for unemployed, low-skilled youth


Set out below are the official bare bones of the Youth Jobs PaTH  internships for unemployed 17-24 year olds that the Turnbull Government is offering from 1 April 2017.

What these bones both reveal and conceal is that in 2017-18 an est. 30,000 young people jobless for six months or more will be set to work between 15-25 hours a week for 4 to 12 weeks in mainly low skilled jobs in supermarkets, cafĂ©s,  newsagents or other businesses in order to receive an additional $100 a week in Centrelink benefits - while the erstwhile ‘employer’ pockets $1,000 upfront for so generously offering to accept free labour arranged through JobActive employment service providers.
==============================================
The Government will provide $751.7 million over four years from 2016‑17 to establish a Youth Jobs PaTH program for young job seekers aged under 25 years to improve youth employment outcomes. The new pathway is designed to enhance young people's employability and provide up to 30,000 young people each year with real work experience. The pathway has three elements:
Industry‑endorsed pre‑employment training (Prepare) — from 1 April 2017, training for up to six weeks will be provided to develop basic employability skills, including those required to identify and secure sustainable employment.
Internship placements of up to twelve weeks (Trial) — from 1 April 2017, up to 30,000 internship placements will be offered each year to enable businesses and job seekers to trial their employment fit. Job seekers will receive a $200 fortnightly incentive payment and businesses will receive $1,000 upfront to host an intern. Placements will be voluntary and will be organised by employment services providers. Job seekers must be registered with jobactiveDisability Employment Services or Transition to Work, and have been in employment services for at least six months to be eligible for the internship program.
Youth Bonus wage subsidies (Hire) — from 1 January 2017, employers will receive a wage subsidy of up to $10,000 for job seekers under 25 years old with barriers to employment and will continue to receive up to $6,500 for the most job‑ready job seekers. Job seekers must be registered with 
jobactive orTransition to Work, and have been in employment services for at least six months for employers to be eligible for the wage subsidy. Funding for this component will be provided from within the existing funding for wage subsidies.

The program will include an employer mobilisation strategy to encourage participation in the initiative by all employers.
As part of this measure, the Government will also achieve savings of $204.2 million over four years. The design of wage subsidies available through jobactive will be improved to reduce red tape for employers, including by simplifying payments and enabling employers to choose more flexible payment arrangements.
==============================================

So how is the Coalition's 'supadupa' Jobactive Australia scheme going?


This is an excerpt from a Prime Minister Tony Abbott, Minister for Employment Senator Eric Abetz, MP for Cowper and Assistant Minister for Employment Luke Hartsuyker joint media release on 31 March 2015:

In 1998, the Howard Government introduced the Job Network and revolutionised the delivery of employment services to job seekers.
Unfortunately, the Rudd-Gillard-Rudd Government changed the employment services system to reward process over results and encourage training for training’s sake.
The system became mired in red tape, letting down job seekers and employers.
The new jobactive system will be focused on results and reward performance not process.
From 1 July 2015, 66 organisations will deliver one or more jobactive services to job seekers and employers across Australia.
There will be clearer incentives to ensure employment service providers are focused on better preparing job seekers to meet the needs of local employers and helping people to find and keep a job.
Service providers will no longer receive ‘job placement’ payments.
The rules around training have also been tightened to ensure that job seekers are not being sent to training for training’s sake, as is currently the case.
There will be less red tape so that providers can spend more time doing what they do best – helping job seekers find and keep a job.
The new employment services contract will also be extended from three years to five years.
A new regional loading for providers in selected regions will be introduced, recognising that labour market conditions vary across Australia.
The new model encourages young job seekers to take up a job and employers to take on new employees.
The Job Commitment Bonus programme will encourage young, long-term unemployed job seekers aged 18-30 to find and keep a job.

Setting up Jobactive Australia cost an est. $6.756 million according to the Dept. of Employment.

In the first two months it was operating (1 July 2015 to 30 September 2015) those approved service providers billed the Employment Fund General Account a total of $6.170 million predominately for professional services, training, clothing & presentation.

On 17 September 2015 Employment Minister Eric Abetz boasted that Jobactive Australia had reached 50,000 job placements since the start of the scheme. However he was careful not to qualify what comprised a 'placement'.

According to the Dept. of Employment Budget Statements 2015-16 Jobactive Australia was allocated $1.459 billion for that financial year. This budget expense is expected to rise to $1.778 billion in 2016-17, with total employment services expenses expected to total $1.932 billion.

For that amount of money the Abbott-Turnbull Government expects the Jobactive scheme to have placed 380,000 jobseekers in often wage-subsidised employment in 2015-16, at a cost of est.$2,500 per placement covering Employment Fund expenditure, service fees and outcome payments.

Unfortunately 68% of these placements are likely to last only 4 weeks before the person is unemployed once more. I suspect the percentage of temporary jobs is so high because this allows service providers to bill the government again and again for ‘helping’ those same job seekers find other temporary jobs once the initial placement dissolves into thin air and, via the $1.2 billion national wage subsidy pool potentially allows employers to 'churn' new employees on short term contacts so that employers receive financial benefits from the pool but employees are unemployed at contract's end.

None of the departmental employment sustainability measures encompass positions lasting longer than six months, so it is unclear as to whether there is a genuine expectation that job service providers will assist in finding permanent employment for anyone.

In July 2015 when Jobactive Australia commenced, the real national unemployment rate was probably running at est. 8.7% and by March 2016 it had climbed to est.11% according Roy Morgan Research vs ABS Employment Estimates (1992-2016).

In November 2013 the Australian Bureau of Statistics (ABS) seasonally adjusted combined unemployment and underemployment rate (underutilisation) was 13.5% and by February 2016 this combined rate was 14.2%.

In September 2013 the average number of weeks an unemployed person spent looking for a job was 39, with an est.134,400 people looking for 52 weeks and over.
Under the Abbott-Turnbull Government by March 2016 the average number of weeks had risen to 46.2, with an est. 181,700 people looking for 52 weeks and over. [Australian Bureau of Statistics, Labour Force, Australia, Detailed - Electronic Delivery, Mar 2016] 

In June 2014 an est. 123,800 15 to 24 year-olds were looking for full time or part-time work. By March 2016 the number of young people in this category had risen to 133,000. [ibid]

The Brotherhood of St. Laurence reported on 14 March 2016 that some rural and regional areas weregrappling with youth unemployment rates above 20 per cent.

Richmond-Tweed (including Tweed Heads, Byron Bay, Lismore, Mullumbimby) in the NSW Northern Rivers region had a youth unemployment rate of 14.5% in January 2015 and by January 2016 this rate had risen to 17.4% [Brotherhood of St Laurence, Australia’s Youth Unemployment Hotspots: Snapshot March 2016, p. 3]

Yet on 1 May 2016 Treasurer Scott Morrison was telling The Courier Mail that there had been 50,000 youth jobs created in the past 18 months across Australia. He also was offering no supporting proof for this bold statement covering November 2015 to April 2016 and, as neither ABS labour force nor job vacancy data tracks jobs growth it is hard to see where he finding his figures.

Somehow these statistics engender little confidence that the Liberal-Nationals Coalition has taken a genuinely constructive approach to unemployment since winning government in September 2013 – despite that gung-ho media release announcing “jobactive services”.