MyCRA Specialist Credit Repair Lawyers

Tag: Attorney-General Nicola Roxon

  • Bankruptcy and Debt Agreements should be a last resort for debt struggles.

    debtMedia Release

    Bankruptcy and Debt Agreements should be a last resort for debt struggles.

    17 January 2013

    Australians experiencing severe debt problems are turning to Debt Agreements over Bankruptcy, with a recorded increase of 68% in Debt Agreement numbers since 2007, but a consumer advocate for accurate credit reporting warns that both alternatives fall under the Bankruptcy Act 1966, and should be encouraged only as a last resort for consumers struggling with debt.

    New figures provided by Insolvency and Trustee Service Australia (ITSA) show that bankruptcies declined 20% between 1 January 2007 and 31 December 2012, with 150,353 bankruptcies recorded during this period. During the same period, there were 49,034 new debt agreements made, which represents a 68% increase.[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][i]

    Reforms to the Bankruptcy Act in 2007 in the form of the Bankruptcy Legislation Amendment (Debt Agreements) Act 2007, aimed to improve the operation of the debt agreement regime.

    Attorney-General Nicola Roxon recently said debt agreements provide better outcomes for someone’s financial circumstances, and may allow those people in debt the chance to save their home.

    “Debt agreements give many Australians in financial distress an alternative option to get back on their feet sooner than bankruptcy,” Ms Roxon said.[ii]

    “Debt agreements in many cases can be the smarter way forward especially as bankruptcy can leave a financial legacy that can affect people for years.”

    But CEO of MyCRA Credit Rating Repair, Graham Doessel says whilst formal Debt Agreements may be preferable to Bankruptcy in many cases, it is important for consumers to know that both options are part of the Bankruptcy Act 1966, and therefore when proposed or implemented, record a Bankruptcy Notation on the consumer’s credit file.

    “A formal Debt Agreement may be a nice form of Bankruptcy, but make no mistake – it is still part of the Bankruptcy Act 1966. Both options will impact a consumer’s credit file and ability to obtain credit for 7 years. But what’s more, the debtor will be allocated a Bankruptcy number, which remains part of their credit history for life,” Mr Doessel says.

    The debtor’s name and other details appear on the National Personal Insolvency Index (NPII), a public record, for the proposal and any debt agreement.[iii]

    He says other than difficulties obtaining credit, having a Bankruptcy recorded can also impact business situations, and in some cases may impact employment opportunities.

    “You can’t get away from this notation, and answering the question ‘Have you ever been Bankrupt or entered into a Debt Agreement?’ incorrectly constitutes fraud,” he says.

    He says consumers owe it to themselves to exhaust all other options before they enter a Debt Agreement.

    “Talk to your Creditors – most don’t want to have to commence legal action against you, and will try to help you with repayment variations if they can,” Mr Doessel says.

    If Creditors have not commenced legal action yet, a consumer struggling to make repayments may be entitled to relief under financial hardship provisions.

    From March 2013, the Consumer Credit Legislation Amendment (Enhancements) Bill 2012 will take effect, allowing for greater ease of request for financial hardship variation and will generally be encouraged as a deterrent to any kind of credit file blemish or prior to someone having a court Judgment or a last resort-Bankruptcy filed against them.[iv]

    Mr Doessel says it is important for people not to bury their head in the sand, and to recognise and address financial difficulty early.

    “By catching it early, and avoiding a Default, Writ, Judgment or Bankruptcy on your credit file, when you’re back on your feet you could have the option to borrow again – even for basics like a credit card or mobile phone plan,” he says.

    ‘Dealing with debt: Your rights and responsibilities’ is a government publication which gives people information on dealing with debts, debt collectors and disputes. It is available through the ASIC (www.asic.gov.au ) or ACCC websites www.accc.gov.au.

    /ENDS.

    Please Contact:

    Graham Doessel – PH 3124 7133

    Lisa Brewster – Media Relations media@mycra.com.au

    http://www.mycra.com.au/ 246 Stafford Road, STAFFORD QLD. Ph: 07 3124 7133

    MyCRA Credit Repairs is Australia’s leader in credit rating repairs. We permanently remove defaults from credit files.

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    [i] http://www.itsa.gov.au/dir228/itsaweb.nsf/docindex/Statistics+%26+Research-%3EStatistics

    [ii] http://www.attorneygeneral.gov.au/Media-releases/Pages/2013/First%20Quarter/10January2013-Debtagreementsbetterpaththanbankruptcy.aspx

    [iii] http://www.itsa.gov.au/dir228/itsaweb.nsf/docindex/Bankruptcy-%3EPersonal+Insolvency+Information-%3E3.+Debt+agreements

    [iv] http://www.mondaq.com/australia/x/175676/Consumer+Credit/Treasury+releases+amended+NCCP+Enhancements+Bill

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  • Protecting Mr and Mrs Average from Identity Fraud

    Media Release

    Protecting Mr and Mrs Average from ID Fraud

    Every Australian is at risk of identity theft, and the government’s expansion of laws may help to put a price on what has been up to now a lucrative, faceless crime resulting in innocent people ripped off, and left with an uncertain financial future, a credit rating repairer says.

    MyCRA Credit Repairs CEO, Graham Doessel says improvements to identity fraud laws through the Crime Bill, passed by the Government on Wednesday are long overdue to increase protection to Australians for what is now termed “the fastest growing crime in Australia.”[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][i]

    “This is more than just basic credit card skimming or accessing bank accounts. Identity fraud comes about when a person’s good name has been misused, and that generally means fraudsters have been able to open credit accounts in their victim’s names – leaving the victim in debt and usually with a string of defaults against their name,” Mr Doessel says.

    The Australian Crime Commission’s CEO, John Lawler revealed at a national conference for credit professionals in September that identity crime is a “key facilitator” for organised crime groups because it is an anonymous crime which can facilitate significant fraud.

    “Every single person in this room and the various sectors and organisations that you represent are targets for organised crime,” he told the Conference.[ii]

    “Criminals will exploit technology to not only carry out new crimes but commit traditional crimes on a much larger scale.”

    The ACC estimates organised crime is currently costing the Australian economy at least $15 billion per annum – and that the impacts of this are significant and growing.

    Mr Lawler says the amount of personal information requested, stored and shared online provides organised crime with a larger pool of victims and data to harvest.

    “Organised criminals seek to conduct significant research on their intended victims and tailoring their operations to target weaknesses,” he says.

    Mr Doessel says this means when fraudsters ‘get someone’ with identity fraud the victim can have their life turned upside down.

    “Recovering from identity fraud is never an easy task. Creditors need proof the victim didn’t initiate the credit. But many people don’t know how the fraud eventuated, and even if they do there’s no guarantee they can recover their good credit rating,” he says.

    He welcomes increases to penalty units within the Crimes Act from $110 to $170, their first increase in 15 years.

    Attorney-General Nicola Roxon said the change would mean a person dealing in the proceeds of crime would see their fine rise from $165,000 to $255,000.[iii]

    The Age reported yesterday that the changes could see those people who use a carriage service like the internet or a mobile phone to obtain identity information with the intention of committing another offence could be sentenced to five years in jail.[iv]

    The crime of identity fraud has also expanded to include a number of activities such as flying interstate or booking domestic flights online using a fake identity.

    Mr Doessel says prevention is always better than the cure when it comes to identity fraud.

    “Australians need to understand that their personal information is a valuable commodity and should look at where it might be at risk of misuse. Keep your computer protected, don’t give your personal information to anyone who doesn’t need it and cross-shred all personally identifiable documents at home rather than throwing them straight in the rubbish,” he says.

    “Fraudsters are even going through rubbish bins to find what they need. So last month’s bank statement could be the missing link fraudsters needed to set up new accounts in your name.”

    He says if people worry they may be vulnerable to identity theft they should check their bank and credit card statements thoroughly and should also order a copy of their credit report – which would indicate if their credit file had been misused.

    “Contact Police immediately and also alert your Creditors and the Credit Reporting Agencies which hold your credit file if you are at all suspicious of identity theft before it leads to fraud,” he says.

    Victims can also use the services of a credit rating repairer to recover their good name following identity theft.

    /ENDS.

    Please contact:

    Graham Doessel – Director Ph 07 3124 7133

    Lisa Brewster – Media Relations media@mycra.com.au

    Ph 07 3124 7133 www.mycra.com.au www.mycra.com.au/blog

    246 Stafford Rd, STAFFORD Qld

    MyCRA Credit Repairs is Australia’s number one in credit rating repairs. We permanently remove defaults from credit files.

     

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    [i] http://www.attorneygeneral.gov.au/Media–

    [ii] http://www.crimecommission.gov.au/media/presentation-to-dun-bradstreet-consumer-credit-conference-2012

    [iii] http://www.attorneygeneral.gov.au/Media-releases/Pages/2012/Fourth%20Quarter/21November2012Makingcriminalspay.aspx

    [iv] http://www.theage.com.au/national/government-cracks-down-on-identity-fraud-20121121-29qnf.html#ixzz2CuXawkmr

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  • New laws to penalise identity thieves

    The Attorney-General Nicola Roxon announced yesterday new laws in Australia will mean white collar criminals and serious and organised crime groups will face tougher penalties. We look at what those penalties will mean, and how they can prevent identity theft and subsequent credit fraud leading to bad credit history.

    This week is National Identity Fraud Awareness Week October 8-14.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    Legislation introduced into Parliament yesterday – The Crime Bill, will aim to deter white collar criminals and organised crime groups. The Bill will increase financial penalties for all Commonwealth crimes, and create a new offence of using a false identity when travelling on aeroplanes. It will make it a crime to use a false identity to book a flight over the internet or to take a commercial flight. It will also be a crime to use a false identity when identifying oneself for a flight.

    Another significant change as part of The Crime Bill will be an increase to penalty units. “Penalty units” in the Commonwealth Crimes Act will increase from $110 to $170. These have not increased since 1997.

    “Identity theft is one of the fastest growing crimes in Australia. This Bill will make it a criminal offence to use a false identity when travelling within Australia by air or booking domestic flights online or using a mobile phone,” the Attorney-General Nicola Roxon said in a statement to the media.

    “Organised criminals invent or steal identities in order to evade detection and commit serious crimes such as money laundering, drug offences, fraud and terrorism.

    The bill expands laws against identity theft by making it a crime to use a carriage service like the internet or a mobile phone to obtain identity information with the intention of committing another offence.

    So for instance, if fraudsters use the internet to obtain your personal information and it was shown the intention was to commit fraud, then the new laws should in theory kick in -placing a crime in not only the attempted fraud, but the actual misuse of your identity information.  Personal information is such a valuable commodity in criminal circles. Criminals can use your personal information to impersonate you, commit crimes, and also to take out credit in your name, leaving you with a pile of debt and bad credit history as the calling card. So this is a significant improvement.

    Ms Roxon said an example of the effect of the increase in penalty units was the maximum fine for obtaining a financial advantage by deception would jump from $66,000 to $102,000 for an individual.

    “This is a significant increase and should send a strong message that crime does not pay,” she told The Australian yesterday (Flying under false name to be a crime).

    Some more examples of how changes could deter criminals:

    •  A person who dishonestly uses the financial information of another person without their consent will face up to $51,000 in fines, up from $33,000. Companies who commit this crime could be liable for more than a quarter of a million dollars in fines, up from $165,000;

    •  A person who knowingly makes a false or misleading statement in documents they lodge with ASIC will face up to $34,000 in fines, up from $22,000. A company will be liable for up to $170,000 in fines, up from $110,000.

    This may go some way to deterring identity thieves within Australia. But there is still a significant amount of fraud related crime which originates from outside Australia. Widespread internet use means identity crime can have very long arms. And this is the real problem with this type of crime. It can be difficult to find let alone prosecute and penalise criminals for identity crime and other financial crimes when it doesn’t originate on our shores. But it was probably a necessary to step for the government to take to fight this global problem of identity crime nationally.

    To find out more about identity crime, and how it could impact your credit rating, you can read our last post Is your good name at risk? What you may not know about identity theft and your credit file. If you are looking to remove bad credit history after identity theft, contact a Credit Repair Advisor on 1300 667 218 or visit our main site www.mycra.com.au.

     

  • Attorney-General’s survey shows identity theft is on mind of most Australians

    A national identity theft survey reveals that most of us are worried about identity theft, and the number of us who have been or know someone who has been a victim of identity theft has increased. We look at what the survey reveals, whether these fears are founded, and what we can do to alleviate them.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au

    The Attorney-General Nicola Roxon has published results of a nationwide survey into identity theft. The research released today was commissioned by the Attorney-General’s Department and repeats a similar id theft survey conducted in July 2011. The key findings include:

    • 89 per cent of respondents are concerned about identity theft and 61 per cent think identity theft will increase in the next year

    • 24 per cent of respondents had been, or knew someone who had been, a victim of identity crime in the last six months – an increase of seven per cent since 2011

    • When identify crime occurred, 58 per cent involved the internet, through either a virus or an online scam, 35 per cent involved the loss of a credit or debit card, 18 per cent involved mail theft and 9 per cent involved the theft or loss of physical identity documents such as a passport and drivers licence.

    The results of this research will inform the review of the National Identity Security Strategy currently being undertaken by the Department in conjunction with the States and Territories.

    Ms Roxon assured Australians there were solutions and preventative measures to combat the ongoing problem of identity crime, which is one of the top three enablers of serious and organised crime in Australia, and can have serious financial implications for business, governments and individuals.

    “While identity theft is understandably concerning, Australians can take some simple steps to protect their identity,” Ms Roxon said in a statement to the media.

    “Making sure you don’t respond to suspicious e-mail or store personal details on your mobile phone are two easy steps to prevent identity theft.”

    She also made mention of the Document Verification Service – currently a government agency service which allows key identity documents such as passports, driver licenses and birth certificates to be cross-checked between departments. The government will roll out the DVS to the private sector next year.

    “From next year, the financial and telecommunications sectors will be able to access the DVS to check Commonwealth identity documents, such as passports and visas – further helping the private sector to protect their customers’ identity,” she said.

    Should Australians be afraid of identity theft?

    From our point of view, the more you are educated about identity crime and how to prevent it – the less fear it sparks in your mind.

    Let’s look at a broader survey – the Australian Bureau of Statistics Personal Fruad Survey. This surveyed a total of 1.2 million Australians over 2010-11 and was released in April this year.

    Whilst it was reported that Australians lost in total $1.4 billion due to personal fraud, the ABS puts the national vicitmisation rate for actual identity theft at 0.3% (a decrease from 0.8% in 2007).

    Perhaps there has been an increase in identity theft since the ABS survey was published, but what may likely have occured, is that people are talking about identity theft more. It could be that more people “know someone” who has been a victim of identity crime or personal fraud. Could we assume that more people are talking about their experiences, and hopefully reporting instances of fraud and identity crime?

    Without people reporting instances of identity theft, it is difficult to get ahead of fraudsters.

    It is a very real fact that full-blown identity theft – where someone steals your personal information and assumes your identity – can have very disastrous consequences. Identity fraud can involve crooks taking loans out in your name. This not only means you could be lumbered with random debt, but often you are unable to get any loan of your own for 5-7 years because your credit file is blacklisted when these debts fall into default.

    The message we want to send is that your personal information needs to be guarded well. If you safeguard your personal information as much as possible, you put yourself at less risk of identity theft.

    Educate yourself on the ways that fraudsters could misuse your personal information or your credit rating. Put as many preventative measures in place as you can (such as anti-virus software, paper shredder, safeguarding information, regular credit file checks) to ensure that you have the least possible chance of becoming a victim.

    And most importantly, stay up to date with scams that are out there. Identity crime and scams are changeable – what worked for fraudsters one week quickly becomes public knowledge, so they move on to something new. Getting on to something like StaySmartOnline’s Alert Service, or checking SCAMWatch regularly will go a long way to helping you to stay ahead of identity crime.

    And talk, talk, talk about what you know about identity theft, to help educate the community around you. Talk especially to young people who might not fully understand the consequences of giving away their personal information (and there are consequences even for under 18’s) and also talk to older people – who may be more vulnerable to these predators and could need help with education and updates to computer software.

    If you or someone you know have been a victim of identity crime which has impacted your credit rating, all may not be lost. We may be able to help you recover your good name. Contact a Credit Repair Advisor on 1300 667 218 to discuss your suitability for removing bad credit, or visit our main website for more information www.mycra.com.au.

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    Image 2: phanlop88/ www.FreeDigitalPhotos.net

  • Australia has new privacy legislation to fight worldwide cybercrime

    New laws passed the Senate yesterday changing Australia’s privacy legislation to bring us in line with other countries and pave the way for Australia to accede to the Council of Europe Convention on Cybercrime – effectively allowing Australia to work alongside other countries to share and access information to aid in investigations of cybercrime. We look at the implications for this new bill, and the benefit in investigating fraud cases which can not only lead to loss of monies but negatively impact the victim’s credit file.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    We have been following the passage of this Bill through Parliament for over 12 months, since its introduction into the House of Representatives in June. See http://mycra.com.au/blog/2011/06/government-brings-laws-war-cyber-crime-identity-theft/ and http://mycra.com.au/blog/2011/11/bill-fight-global-cybercrime-coming-year/ and looking at the possible impact these changes could have on identity theft numbers.

    The Cybercrime Legislation Amendment Bill 2011 amends the Mutual Assistance in Criminal Matters Act 1987, the Criminal Code Act 1995, the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997.

    The Government amended the Bill in the Senate to address some of the recommendations made by the Joint Select Committee on Cyber-Safety, including privacy protections and aspects of the provision of assistance to foreign agencies. The Government has agreed in principle with 12 of the Committee’s 13 recommendations.

    The passing of the Bill means Australia is one step closer to acceding to the Council of Europe Convention on Cybercrime, meaning it would join 34 other nations that have already become a party to the Convention. The Convention is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with computer-related fraud, child pornography and violations of network security.

    Attorney-General Nicola Roxon said in a statement to the media yesterday that the Convention will help make it easier for police to track down cyber criminals around the world.

    “In particular, this will help combat criminal offences relating to forgery, fraud, child pornography, and infringement of copyright and intellectual property.

    “The Convention promotes a coordinated approach to cybercrime by requiring countries to criminalise these computer related offences. The Convention also establishes procedures to make investigations more efficient to improve international cooperation,” Ms Roxon says.

    Privacy Protection or Privacy Invasion?

    One well publicised change to Privacy Law will be the increase in police powers of surveillance. Police will be able to enforce the retaining of data by internet service providers on persons of interest even before they have an arrest warrant.

    Whilst these legal changes are widely approved, some raised concerns during a Senate inquiry into online privacy that this part of the law threatens the Privacy of individuals and threatens human rights and civil liberties.

    There are so many reports that the world is effectively chasing the tail of cybercriminals – the extent of which is far-reaching and difficult to combat. Australia is reportedly now a prime target for fraud with many accounts of scams, bugs, phishing attacks etc etc often instigated from overseas shores.

    To find out more about how we as ordinary Australians fit into the cyber-crime puzzle, you can read our blog post about the ‘Dark Market’: http://mycra.com.au/blog/2011/09/insight-%e2%80%98dark-market%e2%80%99-cyber-crime-underworld/.

    And often by the time people know they have had fraud committed against them the dust has long settled on any trace.

    But the effects can be felt for years by their victims, especially if the fraudsters are able to steal an identity, and take credit out in their victim’s name. The victim is then not only faced with a mountain of debt, and a series of defaults against their credit file. Both of which are not easy to recover from. They have to prove it wasn’t them that initiated the debt – pretty hard when there is no actual ‘perpetrator’ that anyone can see.

    For the sake of people in this situation, and victims of other cybercrimes – in particular, child pornography which is possibly more rampant, more damaging and more difficult to investigate – we need to get united as we are on the Web.

    It may be a bitter pill to swallow for Australians to give up some of their rights to Privacy to be replaced with more privacy protection but we may all have to swallow it regardless.

    What you can do to protect your credit rating from identity theft

    Our message at MyCRA Credit Rating Repairs is: please take steps to protect your credit rating from fraud!

    Educate yourself – visit the government sites like SCAMwatch, Stay Smart Online, and the Attorney-General’s website. If you are interested in keeping up to date with what could be occurring – say in cyber-circles you can visit technology sites like ZD Net Australia, or Computerworld or even subscribe to MyCRA’s RSS Feed for updates on security issues affecting credit files.

    Know what’s on your credit file – grab a free copy of your credit file today from one or more of Australia’s credit reporting agencies, Veda Advantage, Dun & Bradstreet, and TASCOL in Tasmania which will be mailed to you within 10 days.
    Your credit report is free every 12 months – take advantage of this by ordering a copy every year. Make sure there are no defaults currently attached to your file. If they shouldn’t be there or there are errors – you may be eligible for credit repair.

    If you feel vulnerable to fraud, for a fee credit reporting agency Veda offers an ‘alert’ service, which informs you of ANY changes to your credit file such as a change of contact details or a credit enquiry, which would point to you being a victim of identity theft – possibly BEFORE there are harmful defaults put against your name.

    For more information on identity theft, or help with credit repair following identity theft, contact MyCRA Credit Rating Repairs tollfree on 1300 667 218 or visit our website www.mycra.com.au.

    Image: Victor/ www.FreeDigitalPhotos.net

    Image 2: thanunkorn/ www.FreeDigitalPhotos.net

  • Banks, telcos to have access to better id theft prevention through document verification (DVS)

    Identity theft…what can we do to prevent it and in doing so protect our credit rating from misuse? We look at how it occurs, and what the Federal Government is doing to help minimise the instances of identity fraud through implementing a better system of verifying important personal information.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    How do identity thieves go about taking credit out in your name? If they have enough personal information about you, such as your full name, date of birth, and heaven forbid your mother’s maiden name – fraudsters can forge identity documents, or request new ones in your name, which then gives them access to funds via your clean credit rating. This credit is left owing and you are stuck with a mountain of debt, and a bad credit rating you probably don’t even know about until you go and apply for credit yourself and are refused because of defaults you didn’t initiate.

    This doesn’t occur as regularly as other types of personal fraud – but it occurs more than you might think. Current statistics from the Australian Bureau of Statistics 2010-11 Personal Fraud Survey estimates that a total of 1.2 million Australians, or 6.7% of the population aged 15 years and over, were a victim of at least one incident of personal fraud in the 12 months prior to interview. Within these figures, 0.3% of the population had been a victim of specific identity theft. This amounts to 44,700 Australians. These were the people who admitted to being duped. Identity theft is one of the most under-reported crimes, due mostly to embarrassment from the victims. It is also extremely difficult to Police, with it often being initiated from overseas crime syndicates. So prevention in this case is often better than the cure.

    For those of you who have been following our updates on identity theft prevention, you may remember the government’s introduction of The Document Verification Service – a national service which allowed government agencies which took it up to verify documents. In May the Attorney-General announced her plans to roll the DVS out into the private sector we blogged about this then in the article Identity theft prevention in budget 2012. She spoke yesterday of the intended service, and said it will be available for the private sector from 2013.

    Yesterday Computerworld published an article Identity crime in sights of Australian Attorney-General detailing the Attorney-General Nicola Roxon’s comments about the DVS during the Security 2012 conference in Sydney.

    She told delegates the move will save businesses money by reducing unnecessary manual processes, data collection and record keeping.

    “It will also help to support law enforcement agencies such as the Australian Federal Police [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][AFP] in their efforts against identity crime,” she said.

    The DVS was introduced as an electronic online system used by government agencies to check whether a proof-of-identity document that has been presented by a person applying for a benefit or service is authentic. If a document matches information held by the issuing agency, a positive response is returned. The service does not store personal information, but allows verification only.

    “Requests to verify a document are encrypted and sent via a secure communications pathway to the document issuing agency,” Ms Roxon says in a statement on the AG website.

    A spokesperson from the Attorney-General’s Department said that it expects to be able receive applications for private sector access to the DVS from the end of 2012.

    “This would allow the private sector to commence verifications of documents from September 2013, possibly earlier,” the spokesperson told Computerworld.

    The Federal Government set aside $7.5 million in this year’s Budget to extend the DVS to the private sector from 2013-14.

    “The DVS will provide a tool to help reduce the incidence of identity fraud and improve the integrity of consumer identification used by the banking and finance, telecommunications, aviation and maritime security industries,” read the Budget 2012-13 documents.

    Perhaps the introduction of the DVS into the private sector will encourage those government agencies which have failed to take up the service to implement it.

    Last year prior to the private sector introduction, the DVS was criticised for its inadequate take up amongst government identity issuer and user agencies. At the time we blogged about it (Can official documents be forged to commit identity fraud?), agencies such as Centrelink, the Department of Immigration, and state road authorities and birth and death registries, were not connected to DVS.

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  • Credit reporting changes introduced into Parliament

    Further to news on changes to Australia’s Privacy Laws, the Attorney-General Nicola Roxon announced that much awaited changes to the Privacy Act 1988 were introduced into Parliament yesterday. These changes will affect your credit file and how your good and bad credit history is shown.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    The Attorney-General said The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 represents the most significant developments in privacy reform since Labor introduced the Privacy Act in 1988.

    All of these changes have significant bearing on credit reporting accuracy in Australia, as an individual’s credit file contains so much personal information which is checked to assess risk when an individual applies for credit. It can also be subject to misuse and error.

    The laws are promised to strengthen the power of the consumer over this important Privacy right.

    “These new privacy laws focus on giving power back to consumers over how organisations use their personal information,” the Attorney-General said in a statement to the media yesterday.

    This statement also addressed credit reporting specifically.

    The Government has promised to ‘modernise’ credit reporting arrangements. The Attorney-General was more specific with some of the changes coming in with the introduction of comprehensive credit reporting as part of these Privacy Act 1988 reforms:

    • making a clear obligation on organisations to substantiate, or show their evidence to justify, disputed credit listings
    • making it easier for individuals to access and correct their credit reporting information
    • prohibiting the collection of credit reporting information about children
    • simplifying the complaints process by removing requirement to complain to the organisation first, complaints can be made directly to the Privacy Commissioner, and by introducing alternative dispute resolution to more efficiently deal with complaints.

    The Government says it expects the credit industry will benefit because the reforms provide a more accurate picture of an individual’s credit situation to help them make a robust assessment of credit risk, which is expected to lead to lower credit default rates.

    Namely, this refers to the controversial introduction of late payment notations on consumer credit files. Late payments will be added by licenced creditors even if a bill is one day late. The notation remains on the individual’s credit file for 2 years. It is unclear at this stage the exact process of law governing how late payments may be added to credit files, nor the precise way these late payments will be used when assessing risk and the potential impact on an individual’s ability to obtain credit.

    I can’t help expecting some real confusion over this type of data to occur particularly in the early days whilst data has been collected without individuals knowing the potential impact on their credit file information, and generally arguments and confusion from consumers over what may constitute a bad credit risk after these laws are introduced.

    Australian Broker published an article Credit Agencies rejoice as positive regime gets a kickstart, today in which Dun & Bradstreet’s Director of Consumer Services, Steve Brown said comprehensive credit reporting should open up credit for some groups of people.

    “The use of comprehensive rather than just negative credit information provides greater visibility of under-served consumers who would otherwise find it difficult to access credit,” Mr Brown said.

    This assumption would be due to people being able to now ‘counteract’ a late payment notation or potentially a default listing through their repayment performance history. This could mean that if people have a 5 or even 7 year listing on their credit file, they may be able to show that over a period of 2 years (the length of repayment performance history recorded) they have managed to pay their bills on time. It would then be up to the lender to assess whether they believe a consumer or business with a default who has paid their bills on time for the past 2 years is or isn’t a credit risk.

    Whilst in theory this works, I am concerned this is very subjective and lenders could err on the side of caution especially initially.

    At the moment I believe ‘repayment performance history’ only adds to the volume of negative data which will be visible on consumer credit files. I will be interested to see if in the coming years and months the advantage to this system does in fact materialise in the form of consumers with defaults being given a fairer go due to better repayment history before I am truly convinced.

    Some significant submissions put forward to the Senate Finance and Public Administration Legislation Committee which were accepted by the Government and which should benefit consumers include:

    • Streamlining the correction and complaints process for credit reporting
    • During a correction complaint, the Creditor must give justification for credit listings and actually substantiate the information is reports on credit files.
    • Consumers may complain directly to the appropriate Ombudsman rather than having to go through the organisation’s complaints process first.
    • The provision for remedies such as compensation for consumers who are negatively impacted by a Creditor who has failed to comply with credit reporting law.

    MyCRA will be very intent on seeing how the laws pan out for the actual application of these significant changes for consumers and their credit file information.

    If people have bad credit history which they believe shouldn’t be there, or the data on their credit file is inconsistent – they can contact a professional credit rating repairer to get advice about formulating a credit listing complaint. Call MyCRA Credit Rating Repairs on 1300 667 218 or visit our website www.mycra.com.au.

  • Credit reporting law changes – a look at complaints handling

    Credit reporting is set to be overhauled. In our arena of helping consumers make complaints and dispute their credit reports – ease of credit listing dispute for consumers would be a positive move. We look at just what to expect from these new credit laws in terms of disputed credit listings. Will consumers be given a bigger voice to make credit listing complaints?

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    In a statement to the media on Wednesday, Attorney-General Nicola Roxon announced the next step in major legislative change to credit reporting. Amendments to the Privacy Act (1988) will be introduced during the Winter Sitting of Parliament.

    This finalises a long process of consultation following original recommendations made in a report by the Australian Law Reform Commission (ALRC) For your information: Australian Privacy Law and Practice back in August 2008.

    The ALRC report recommends 295 changes to improve Australia’s privacy framework, including major changes to credit reporting law.  The government then opted to respond to the Report in two stages, the first of which was released in October 2009. The first stage response outlines the government’s position on 197 recommendations relating to:

    • developing a single set of Privacy Principles
    • redrafting and updating the structure of the Privacy Act
    • addressing the impact of new technologies on privacy
    • strengthening and clarifying the Privacy Commissioner’s powers and functions
    • introducting comprehensive credit reporting and enhanced protections for credit reporting information
    • enhancing and clarifying the protections around the sharing of health information and the ability to use personal information to facilitate research in the public interest.

    Further information is available from www.ag.gov.au/Privacy/Pages/Privacy-Reforms.aspx.

    Draft legislation on this First Stage Response for the Credit Reporting provisions was put to the Senate for tabling, and for referral to the Finance and Public Administration Committee to consider.  The Committee’s final report on the credit reporting provisions was released in October 2011.

    On Wednesday the Attorney-General promoted changes to credit reporting arrangements as a ‘modernisation’.

    “There have been big changes to the way we access finance since 1990 when the existing credit reporting provisions came into effect,” Ms Roxon says.

    She says benefits for consumers include:

    • making a clear obligation on organisations to substantiate, or show their evidence to justify, disputed credit listings
    • making it easier for individuals to access and correct their credit reporting information
    • prohibiting the collection of credit reporting information about children
    • simplifying the complaints process by removing requirement to complain to the organisation first, complaints can be made directly to the Privacy Commissioner, and by introducing alternative dispute resolution to more efficiently deal with complaints.

    “Many consumers have expressed their frustration at not being able to understand their credit rating.

    “These changes will provide much more power to consumers to be able to access and, if necessary, correct their credit reports.”

    The Government expects the credit industry will benefit because the reforms provides a more accurate picture of an individual’s credit situation to help them make a robust assessment of credit risk, which is expected to lead to lower credit default rates.

    The role of the Privacy Commissioner will also be boosted so complaints and investigations can be more easily resolved.

    The Privacy Commissioner said in a speech on Exploring the Changing Privacy Landscape and Impending Regulations on Friday that he can see benefits for consumer credit ratings.

    “Turning now to the credit reporting arrangements, changes include a clearer obligation on organisations to substantiate, or show their evidence to justify, disputed credit listings.

    On the consumer side, there will easier access for individuals to correct credit reporting information,” Privacy Commissioner Timothy Pilgrim said.

    The clearer obligation for on organisations to substantiate or show evidence to justify disputed credit listings would be a positive change cementing requirements of creditors and hopefully easing some of the difficulty in having credit reporting information corrected.

    Currently the official procedure for making complaints to creditors about credit listings has been inadequate. The section on Complaints in the Government’s Exposure Draft introduced a clear process of complaint for the consumer and the obligations of creditors and or credit reporting agencies to follow when a consumer makes an official complaint including escalation of that complaint.

    But the actual process came under criticism from reports to the Senate Committee for its complexity and two-step process of correction request and official complaint – which could confuse consumers.

    The Office of the Australian Information Commissioner (OAIC), Consumer Action Law Centre and Consumer Credit Legal Centre NSW voiced concern that the two stop approach resulted in a complex complaints handling process.

    It was also criticised by some creditor bodies for sometimes crossing over existing law in their individual Acts.

    It is unclear what the outcome will be from the Senate and what will be certain to be included as new law in the Complaints arena.

    It is still likely that as consumers will need to address complaints as they relate to law, it could remain difficult for consumers who are not skilled in credit reporting law and don’t have the time to get educated on it to make a successful case to creditors in some instances. So whilst they may be provided with more justification from the creditor on why the listing should be there, the process could still put consumers in the position of needing to be savvy with credit reporting law to have muscle to dispute that justification.

    And whilst consumers may find the official process of complaint easier, there still may be issues around negotiating with creditors on their own behalf which could hinder their chances of successful dispute.

    For more information on how credit listing errors could affect your ability to obtain credit contact MyCRA Credit Rating Repairs 1300 667 218 or visit the main website www.mycra.com.au.

    Image: stockimages/FreeDigitalPhotos.net

  • Privacy Protection set to be heightened under Australian Law

    Big changes are coming for Australian privacy rights and laws governing the use of personal information. The Australian Government has announced it will make the first set of changes to the Privacy Act 1988 in the Winter sitting of Parliament. The announcement came yesterday from Attorney-General Nicola Roxon, who intentionally announced the changes to coincide with Australia’s Privacy Awareness Week.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    The Attorney-General said in her statement that Australia’s privacy laws will be reformed to better protect people’s personal information, simplify credit reporting arrangements and give new enforcement powers to the Privacy Commissioner.

    The Attorney explained that key changes to benefit consumers are:

    • clearer and tighter regulation of the use of personal information for direct marketing
    • extending privacy protections to unsolicited information
    • making it easier for consumers to access and correct information held about them
    • tightening the rules on sending personal information outside Australia
    • enhancing the powers of the Privacy Commissioner to improve the Commissioner’s ability to resolve complaints, conduct investigations and promote privacy compliance

    These changes are part of a long consultation process coming out of recommendations made within the Australian Law Reform Commission’s report For your information: Australian Privacy Law and Practice.

    The changes will include new powers for the Privacy Commissioner to enforce privacy laws. Commissioner Timothy Pilgrim said in a statement to the media these changes were a significant step forward and will allow him to better resolve privacy investigations more effectively.

    “The strengthening of these powers also sends a strong message to government agencies and businesses covered by the Act that there can be significant consequences when personal information is not given an appropriate level of protection.”

    “These changes give me more options when undertaking an investigation on my initiative. At the moment I can only make a determination when I am investigating a complaint made by an individual,” Mr Pilgrim said.

    The powers of the Privacy Commissioner to investigate Privacy complaints has previously come under criticism, particularly following the well-publicised global Sony Data Breach in April 2011 which seemed to showcase the gaping hole in Australian Privacy Law at the time. The data breach left the personal information of approximately 77 million Sony customers worldwide exposed to hackers and threatened the victims with possible identity theft and credit file misuse.

    Criticism was sparked by the Commissioner’s lack of powers to make determinations following any investigation, and also Australia’s absence of mandatory data breach notification law. It was well publicised that Sony took over a week to notify it’s customers of the data breach, in the process potentially exposing customers to identity theft and credit file fraud.

    A recent survey conducted by the University of Canberra and eBay Australia found that Australian internet users were highly concerned about identity theft and wanted government to order businesses to notify users of online data breaches.

    The survey, reported in CIO Magazine Call for mandatory data breach notification grows: Survey found 85 per cent of 700 Australian participants want data breach notifications to become mandatory. Here is an excerpt from that story:

    In addition, 86 per cent of respondents cited identity theft as their greatest privacy concern, while 83 per cent mentioned financial data loss as their biggest concern.

    The survey also found that the financial sector was the most trusted when it came to privacy (42 per cent).

    Social media was the least trusted industry on privacy with only 1 per cent of respondents saying they trusted websites such as Facebook. Sixty-one per cent of Australians surveyed nominated the social media industry as having the worst privacy practices.

    Privacy Commissioner, Timothy Pilgrim, said that the high level of support for mandatory data breach notifications is not surprising given significant data breaches over the past year such as the Sony PlayStation Network compromise.

    “Incidents are on the rise as weaknesses become apparent in business systems at the same time as hackers become more sophisticated,” he said in a statement.

    “I encourage businesses to look at our guide which not only outlines how to respond to a breach, but also how to avoid a breach in the first place by focusing on the security of their systems,” Pilgrim said.

    Other privacy law reform changes will include the introduction of a set of Australian Privacy Principles, and importantly, changes to credit reporting law.

    Some changes Attorney-General Nicola Roxon chose to highlight in her statement yesterday include:

    • making a clear obligation on organisations to substantiate, or show their evidence to justify, disputed credit listings
    • making it easier for individuals to access and correct their credit reporting information
    • prohibiting the collection of credit reporting information about children
    • simplifying the complaints process by removing requirement to complain to the organisation first, complaints can be made directly to the Privacy Commissioner, and by introducing alternative dispute resolution to more efficiently deal with complaints.

    We will be watching with intense interest at how the whole barrage of changes around credit reporting could possibly impact consumers and their credit files. The above four recommendations would be a great improvement as currently consumers can experience difficulty when disputing entries on their credit reports.

    MyCRA is proud to be a Partner for Privacy Awareness Week 2012.