THE Credit and Investments Ombudsman (CIO) has rejected a recommendation that CIO and the Financial Ombudsman Service (FOS) should be replaced by a single ombudsman scheme, in its response to the Interim Report into Australia’s three financial sector Ombudsman schemes by a panel led by Professor Ian Ramsay.

According to CIO’s Ombudsman and Chief Executive, Raj Venga, the proposed single ombudsman scheme would be "far less accountable and transparent to its stakeholders than a statutory scheme. A statutory scheme is subject to important checks and balances and, in the absence of these, the only check on the broad discretions and powers of a non-statutory scheme is the existence of two ombudsman schemes operating in the same sector and benchmarking their performance against each other."

Mr Venga noted the irony that "the Interim Report failed to explain how the proposed single ombudsman scheme would deal with major banking and insurance scandals of the kind which invited the scrutiny of numerous parliamentary inquiries, prompted calls for a Royal Commission, and which spurred the Government to commission the review in the first place."

Mr Venga was also critical of the lack of economic analysis undertaken by the review.

"For example, the recommendation for a single scheme was only supported by anecdotal evidence from some consumer advocacy organisations – organisations which represent less than five per cent of consumers lodging complaints with CIO and FOS," said Mr Venga.

Given this lack of economic evidence, CIO commissioned its own independent economic analysis of the Interim Report’s recommendation. According to ACIL Allen Consulting:

• The proposal to introduce a single ombudsman scheme is not supported by economic analysis, sound argument or evidence. The Report does not demonstrate any cost benefits to replacing CIO and FOS with a single scheme.
   
• None of the perceived problems identified in the Report would be addressed by introducing a single scheme. In fact, a single scheme would create problems that do not currently exist.
   
• A single scheme would see the loss of the benefits the existing two schemes currently provide: price competition, service quality comparison, pressure to keep costs down, and innovate with better processes and services.
   
• A monopoly not-for-profit organisation, such as the single ombudsman scheme being proposed, can cause the same amount of economic damage as a monopoly for-profit organisation, by charging more and spending the proceeds on bloated staff numbers, excessive executive compensation, lavish offices and other wasteful spending – as well as providing poor service.

Mr Venga reiterated his concerns that "small businesses would not be better off under a single ombudsman scheme because it would lack the appropriate powers and expertise to deal effectively with their complaints. The Ramsay review ignored the weight of evidence that small businesses would be better served by their own limited scope statutory tribunal for disputes outside the existing remit of CIO and FOS."

Mr Venga noted that it was ironic that the major banks were the big winners of a review specifically commissioned to address the scandals attributed to them.

"The major banks, who are members of FOS, would be the main beneficiaries of the proposed single ombudsman monopoly because their ombudsman costs will be subsidised by the influx of more than 23,000 smaller financial firms (who are presently members of CIO) being forced to join a single scheme.

"Equally, smaller and more innovative financial firms, including fintech disrupters, operating on thinner margins and not having the benefits of scale and incumbency, would be least able to absorb or pass on any increased cost that may result from an inefficient single scheme monopoly," said Mr Venga.

Significantly, Mr Venga noted that "it was disappointing that the Interim Report placed little or no weight on submissions made by a number of industry bodies in support of the retention of the two ombudsman scheme model. Their members represent about 97% of the entire financial services industry and are a crucial source of competition to the major banks."

Mr Venga further commented that "the Report is also silent on how the creation of a single scheme would lead to lower costs, greater efficiencies and better outcomes. Almost all the submissions made by industry to the Review expressed concern that a single scheme monopoly would lead to higher costs, inefficiencies and poorer outcomes – advice which was totally ignored by the Review Panel."

Mr Venga reiterated his previous view that recommendations of the review panel were "a solution looking for a problem", and implored the Review to focus on enhancing the current competitive market for dispute resolution, rather than making change for the sake of change.

The Credit and Investments Ombudsman

The Credit and Investments Ombudsman (CIO) is an alternative dispute resolution scheme approved by the Australian Securities and Investments Commission to provide consumers with an alternative to legal proceedings for resolving disputes with financial services providers who are members of CIO. These include finance brokers, non-bank lenders, building societies, mutual banks, credit unions, financial planners, finance companies, debt purchasers, small amount short term lenders and mortgage managers.

www.cio.org.au

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THE Enterprise Tax Plan Bill is unlikely to pass through the Senate unless the granting of tax relief for large entities (turnover in excess of $10 million) is removed from the bill, according to the Institute of Public Accountants (IPA).

“By removing these entities at this point of time, the bill could successfully progress through Parliament and provide much needed tax relief for SMEs,” said IPA chief executive officer, Andrew Conway.

“The bill currently contains company tax relief for large entities over a 10 year period but these entities may have to wait as there seems little chance these reforms will pass through the Senate and their inclusion in this bill would therefore be at the detriment of other tax relief measures for smaller entities.

“We don’t oppose tax cuts for the larger entities but not at the detriment of smaller ones.

“With 61 percent of actively trading small businesses (turnover of less than $2 million) being non-employing, moving the tax threshold for access to small business concessions to entities up to $10 million can potentially contribute to more employment as such entities are already employing entities.

“The revenue foregone is likely to be substantially covered by the economic benefits from increased employment, higher wages and lower compliance costs,” said Mr Conway.

These recommendations form part of the IPA’s pre-Budget submission. 

About the Institute of Public Accountants

The IPA, formed in 1923, is one of Australia’s three legally recognised professional accounting bodies.  In late 2014, the IPA acquired the Institute of Financial Accountants in the UK and formed the IPA Group, with more than 35,000 members and students in over 80 countries.  The IPA Group is the largest SME focused accountancy organisation in the world. The IPA is a member of the International Federation of Accountants, the Accounting Professional and Ethical Standards Board and the Confederation of Asian and Pacific Accountants.  The IPA was recognised in 2012 as Australia’s most innovative accounting organisation and listed in the top 20 in the 2012 BRW Most Innovative Companies List.  

publicaccountants.org.au

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THE Australian Retailers Association (ARA) believes the December 2016 retail trade figures released today by the Australian Bureau of Statistics (ABS) illustrate a positive Christmas performance for retailers with a 3 percent growth year-on-year (seasonally adjusted).

ARA Executive Director, Russell Zimmerman, said this steady growth compliments the 3 percent year-on year growth in November 2016 as many families across Australia started purchasing their Christmas gifts early.

“This moderate growth in December sales is a positive sign for the industry and we remain hopeful that the ARA and Roy Morgan predicted pre-Christmas sales figure of $48.1 billion will be achieved once we finalise the numbers,” Mr Zimmerman said.

Although December 2016 sales showed no increase over November 2016 trade figures, Mr Zimmerman said the industry’s annual Christmas performance remains stable and the uplift in discretionary spend is exactly what the industry would expect.

As always, a number of categories saw a significant surge over the Christmas period. Clothing, Footwear and Personal Accessory Retailing lead the categories growing at 7.32 percent year-on-year, followed closely by Pharmaceutical, Cosmetic and Toiletry Goods (5.33% year-on-year).

“Even Newspaper and Book Retailing has shown a positive uplift from -6 percent during November 2016 trading, to an optimistic 0.91 percent growth due to many shoppers filling their Christmas stockings with popular book titles last year”, Mr Zimmerman said.

“We’ve seen a slight decrease in takeaway food services, which usually demonstrates strong growth, though we’ve also seen cafés and restaurants up 2.4 percent as more shoppers spent their holidays out and about enjoying their time with families and friends.”

The official closure of Masters during December took its toll on the Hardware category (1.76% year-on-year) down from 10.15 percent in November 2016 figures.

“We have seen an expected decrease in hardware figures temporarily, but now with reduced discounting and strong home price growth we can expect positive figures moving forward,” Mr Zimmerman said.

Though Department Store figures are still negative (-2.94% year-on-year), they are showing signs of marginal improvement. The category is making a gradual recovery from a downturn attributed to the recent restructure of a number of prominent department store retailers.

The states showing a healthy year-on-year growth include Tasmania (4.40%), South Australia (3.92%), New South Wales (3.37%) and Queensland (3.42%). While Victoria (2.96%), Australian Capital Territory (2.83%), Northern Territory (1.49%) and Western Australia (0.85%) aren’t leading the pack, they still demonstrated a positive growth over the December trading period.

In terms of online spend for December, the NAB Online Retail Sales Index indicates that e-commerce sales increased 10.4 percent year-on-year, with takeaway food and taking the lion’s share of growth on a category basis at 5.5 percent year-on-year.

“With online retail making up 7 percent of all retail sales, it’s double digit growth year-on-year is not surprising as e-commerce retailing is a key contributor to the retail industry as a whole,” Mr Zimmerman said.

MONTHLY RETAIL GROWTH (November 2016 – December 2016 seasonally adjusted)

Household goods retailing (-2.3%), Other retailing (-0.2%), Food retailing (0.5%), Clothing, footwear and personal accessory retailing (1.4%), Cafes, restaurants and takeaway food services (0.2%) and Department stores (0.3%). Total sales (-0.1%). 

Northern Territory (1.1%), South Australia (1.2%), Australian Capital Territory (-0.7%), Victoria (-0.4%), Tasmania (0.5%), Western Australia (0.6%), New South Wales (-0.3%) and Queensland (0.0%).

YEAR-ON-YEAR RETAIL GROWTH (December 2015 – December 2016 seasonally adjusted)

Household goods retailing (0.94%), Cafes, restaurants and takeaway food services (5.15%), Food retailing (2.89%), Clothing, footwear and personal accessory retailing (7.32%), Other retailing (4.27%) and Department stores (-2.94%). Total sales (3.02%).

New South Wales (3.37%), South Australia (3.93%), Tasmania (4.40%), Victoria (2.96%), Australian Capital Territory (2.83%), Western Australia (0.86%), Queensland (3.42%) and Northern Territory (1.50%).

About the Australian Retailers Association:

Founded in 1903, the Australian Retailers Association (ARA) is the retail industry’s peak representative body representing Australia’s $300 billion sector, which employs more than 1.2 million people. The ARA works to ensure retail success by informing, protecting, advocating, educating and saving money for its 5,000 independent and national retail members throughout Australia. For more information, visit www.retail.org.au or call 1300 368 041.

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THE Australian Government has received two new voluntary nominations to host a National Radioactive Waste Management Facility from landowners in the Kimba region in South Australia.

The facility would hold Australian low and intermediate level waste largely associated with nuclear medicine production.

Minister for Resources and Northern Australia Senator Matt Canavan said no decision had been made as to whether the nominations will be accepted.

Under the National Radioactive Waste Management Act 2012, a landowner may nominate land to host this facility until a final site is decided upon by the Australian Government.

Both new sites will be subject to a comprehensive analysis, including scoring them on measures such as technical suitability, community wellbeing, health, safety, and the environment.

Details of the site selection process are available at www.radioactivewaste.gov.au/site-selection-process/assessing-site, and details of nomination guidelines and multi-criteria analysis are at www.radioactivewaste.gov.au/site-selection-process/nominating-site.

“The Government has always said it remains open to receiving new land nominations, and that each would be assessed on the individual merits of the site,” Minister Canavan said.

The two new nominations relate to different parcels of land than those that were assessed, but not progressed, in the Kimba region in 2016.

“I have asked my department to begin reviewing the new nominations, and advise as to whether either should be progressed further and shortlisted,” Minister Canavan said.

“If that is the case, and I progress a nomination, public consultation of no less than 60 days would begin to determine if broad community support exists to take this nomination to a further, second phase of detailed technical review and consultation.”

The second-phase assessment of a nominated site at Barndioota is continuing and includes an Independent Heritage Assessment, site-specific technical studies and detailed public consultation.

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