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Commonly overlooked estate planning matters

Estate planning is a complex business, making it easy to overlook some important considerations, potentially with costly results. Aside from basic issues like forgotten assets (always keep written records) and inaccurate details (double check everything before signing), seven of the most commonly disregarded estate planning matters are as follows: <ol> <li>Wills</li> </ol> Unlike many younger people, for over sixties the more common issue is not the lack of a will, but one which is out of date. Out-of-date wills complicate matters for executors, can delay probate for your beneficiaries, and may not reflect your true wishes (imagine inadvertently leaving everything to your ex or omitting one or more grandkids!). Update your will as your circumstances change – relationships (divorce, new partner etc), births and deaths, adult children getting married or divorced, exiting a business, asset sales, and so on. Retirement often brings its own changes too – e.g. a sea or tree change, new boat or caravan – which also should be updated in your will. <ol start="2"> <li>Letter of wishes</li> </ol> Wills are typically not read until after a funeral. As such, a letter of wishes is a useful addition for loved ones to have accessible immediately after your death. It can cover everything from funeral arrangements, burial vs cremation, and where you wish to be laid to rest to outlining intentions longer term, such as how any underage children are to be raised and educated, or care arrangements for any pets. <ol start="3"> <li>Super beneficiaries</li> </ol> One of the biggest myths about superannuation is that it is covered by your will. Super is treated separately, meaning you must nominate your beneficiaries within your super fund. And update them as circumstances change. This can be useful for blended families – leaving your super to children/grandchildren from a past relationship without encroaching on the assets of your current partner. Without nominating beneficiaries, the funds could go somewhere else entirely – even to government coffers. <ol start="4"> <li>Advanced Health Directive (a ‘living will’)</li> </ol> Estate planning doesn’t just cover your wishes once you’re gone. Yet people often focus solely on this aspect and overlook how they want to be looked after in the event of ill health or injury preventing them from being able to make decisions (e.g. stroke, terminal illness, severe accident). An Advanced Health Directive can express your wishes and values on everything from life support and resuscitation to palliative care, medical treatments, and who you wish to be able to speak on your behalf. <ol start="5"> <li>Insurances</li> </ol> Rarely do people have adequate insurance coverage for their needs. There are insurances in super, which may cover death and permanent disability. Insurance of assets. Income protection insurance. And health insurance. It’s important to right-size your insurance for your current needs and adapt that cover as your circumstances change. That means: <ul> <li>Taking out new policies for new assets and investments.</li> <li>Updating policy inclusions and exclusions, such as relating to age.</li> <li>Cancelling insurances you no longer need (e.g. sold assets or professional indemnity once you retire).</li> </ul> <ol start="6"> <li>Tax implications</li> </ol> Because Australia has no inheritance tax, many people are lulled into a false sense of complicity over tax implications in estate planning matters. However, beneficiaries can be liable for both Capital Gains Tax and income tax on inherited assets – potentially outweighing the value of those assets altogether. Additionally, your own tax status should be considered. For instance, you may be paying more tax by holding an income-producing asset rather than transferring ownership to a loved one before you pass away. <ol start="7"> <li>Tailored professional advice</li> </ol> DIY will kits, self-titled “expert” authors, and avoiding advisers to save money overlook the true value of tailored, professional advice given the complexity of estate planning. You don’t know what you don’t know, meaning the margin for error is huge. And when it comes to money, tax and estate law, errors can be expensive indeed. A good lawyer, accountant and financial adviser can more than pay for themselves by helping you avoid overpaying taxes, complex legal disputes, insufficient asset protections and lost wealth creation opportunities. And given estate planning is ultimately about peace of mind, can you – or your family – really afford to overlook such valuable insight? Image credits: Shutterstock Helen Baker is a licensed Australian financial adviser and author of On Your Own Two Feet: The Essential Guide to Financial Independence for all Women. Helen is among the 1% of financial planners who hold a master’s degree in the field. Proceeds from book sales are donated to charities supporting disadvantaged women and children. Find out more at <a href="http://www.onyourowntwofeet.com.au/">www.onyourowntwofeet.com.au</a> Disclaimer: The information in this article is of a general nature only and does not constitute personal financial or product advice. Any opinions or views expressed are those of the authors and do not represent those of people, institutions or organisations the owner may be associated with in a professional or personal capacity unless explicitly stated. Helen Baker is an authorised representative of BPW Partners Pty Ltd AFSL 548754.

Legal

Laura Tingle shares "regret" over racism comments

Laura Tingle has shared her "regret" over her <a href="https://oversixty.com.au/finance/legal/laura-tingle-under-fire-after-declaring-australia-a-racist-country" target="_blank" rel="noopener">comments</a> that Australia is "a racist country", as the ABC Director of News responded to her claims. Tingle caused outrage after she made the claims about Australia being inherently racist during a panel on Sunday as part of the Sydney Writer's Festival. Now, ABC News director Justin Stevens says her comments did not meet the organisation's editorial standards. “Although the remarks were conversational, and not made in her work capacity, the ABC and its employees have unique obligations in the Australian media,’’ he said in a <a href="https://www.abc.net.au/about/media-centre/statements-and-responses/justin-stevens-statement-on-laura-tingle/103909056" target="_blank" rel="noopener">statement</a>. “Today she has explained her remarks in more detail to ensure there is a factual record of the relevant context and detail." “The ABC’s editorial standards serve a vital role. Laura has been reminded of their application at external events as well as in her work and I have counselled her over the remarks." In response to much nation-wide backlash over her comments, Tingle issued a lengthy statement clarifying her remarks and also sharing her "regret". “I did indeed make the observation on Sunday that we are a racist country, in the context of a discussion about the political prospects ahead,’’ Tingle said. “I wasn’t saying every Australian is a racist. But we clearly have an issue with racism. Without even going into the historic record, there is also ample evidence that racism remains a particular problem in our legal and policing systems." “In my commentary at the ABC, and at the Sydney Writers’ Festival, I expressed my concern at the risks involved in Peter Dutton pressing the hot button of housing and linking it to migration for these reasons," she continued. “Political leaders, by their comments, give licence to others to express opinions they may not otherwise express. That does not make them racist, but it has real world implications for many Australians.” She went on to add a statement of "regret", saying, “I regret that when I was making these observations at the Writers’ Festival the nature of the free-flowing panel discussion means they were not surrounded by every quote substantiating them which would have – and had – been included in what I had said earlier on the ABC." “This has created the opportunity for yet another anti-ABC pile-on. This is not helpful to me or to the ABC. Or to the national debate. I am proud of my work as a journalist at the ABC, on all its platforms, and I let that work speak for itself.” ABC News boss Justin Stevens confirmed on Thursday that Tingle had been “counselled over her remarks” and "reminded of their application at external events as well as in her work." Image credits: ABC News / DANNY CASEY/EPA-EFE / Shutterstock Editorial

Legal

Alleged killer cop files lawsuit against NSW Police

The former police officer accused of murder has now filed a lawsuit against the NSW Police for bullying and harassment. Former NSW Police senior constable Beau Lamarre-Condon is accused of shooting Jesse Baird, 26, and his partner Luke Davies, 29, at Baird’s Paddington house in February and disposing of the bodies on a rural property near Goulburn. While still awaiting trial over the alleged murders, the suit against the police force has been filed, with Sunrise newsreader Edwina Bartholomew sharing the updates. “The defence lawyer for accused killer cop Beau Lamarre-Condon says his client is continuing with a lawsuit against the NSW Police Force for bullying and harassment while he was a constable,” Bartholomew said. Lamarre-Condon's lawyer John Walford confirmed the move to <a href="https://www.dailytelegraph.com.au/subscribe/news/1/?sourceCode=DTWEB_WRE170_a_TCA&dest=https%3A%2F%2Fwww.dailytelegraph.com.au%2Ftruecrimeaustralia%2Fpolice-courts-nsw%2Fchilling-unseen-photos-of-beau-lamarrecondon-cosying-up-with-exlover-he-allegedly-killed%2Fnews-story%2F4fdbac4f0dac6d7ea38b3094e808e3ab&memtype=anonymous&mode=premium&v21=LOW-Segment-1-SCORE" target="_blank" rel="noopener">The Daily Telegraph</a>, saying, “Yes, action against police is continuing … it’s huge.” The former officer has been in protective custody at the Metropolitan Remand and Reception Centre at Silverwater in Sydney's west for the past four months and sources close to the 28-year-old say his mental state is deteriorating. "He's not doing real well at the moment," a source told <a href="https://www.dailymail.co.uk/news/article-13471215/Beau-Lamarre-Condon-Chilling-pictures-accused-killer-Jesse-Baird-Luke-Davies.html" target="_blank" rel="noopener">Daily Mail Australia</a> in April. "Obviously it's set in now - what's happened and the allegations and where he is. I think the rot's set in mentally-wise. He's at a low point at the moment. He's very down. He's hit the lows." Lamarre-Condon is expected to front court again on June 18th. Image credits: 7News / Shutterstock

Legal

"Repeatedly ignored": Daughter of Perth gunman breaks her silence

The daughter of the Perth man who has been accused of murdering a 59-year-old woman and her 18-year-old daughter has broken her silence. Mark Bombara <a href="https://oversixty.com.au/health/caring/the-most-gorgeous-family-tributes-flow-for-slain-mother-and-daughter" target="_blank" rel="noopener">shot and killed</a> Jennifer Petelczyc and her youngest daughter Gretl at their home in Floreat, Western Australia, on Friday afternoon while searching for his ex-wife before taking his own life. Now, his daughter Ariel has released a powerful statement sharing how she repeatedly warned police of the danger he posed as a licensed firearms holder, admitting that her and her mother had feared for their lives. "We were ignored by five different male officers across three occasions of reporting," Ms Bombara said. "By that point we felt completely helpless and I had to focus on getting mum to safety." "I did everything I could to protect my mother, and when my father couldn't find us he murdered her best friend and her best friend's daughter." Ms Bombara explained that her and her mother fled their family home on March 28th, "in fear of our lives and to remove ourselves from an abusive situation", and over the span of four days, contacted police three times to notify them about her father's gun collection. "I felt there was a real and imminent threat to our lives," she said. "I specifically mentioned that there was a Glock handgun which was unaccounted for," Ms Bombara said. "My understanding is this ultimately would be one of the weapons my father used take the lives of two innocent women." She was adamant that the deaths of Jennifer and Gretl Petelczyc were "an act of domestic violence". "My mother and I made clear that lives were at risk, and we were repeatedly ignored. Repeatedly failed. Those failures have cost the lives of two incredible women." "My father should always be considered accountable for his actions. They were his and his alone, however, there are authorities who should have helped us stop him, and they failed." "I want answers." Following the deaths of Ms Petelczyc and her daughter, WA Police did not classify them as domestic violence-related. A police spokesperson said in a statement, "Police have always accepted that the motivation for these crimes were family and domestic violence (FDV) related, however the crimes committed were murder, and ultimately the contributing factors will be a matter for the coroner to consider." Image credits: ABC News / 9News

Legal

Cafe targeted online for charging customer a "heating fee"

A cafe in Melbourne has copped a wave of backlash online after allegedly charging a customer to heat up his muffin for breakfast. The disgruntled diner took to Facebook to complain about the extra fee on his $7 muffin at the cafe and claimed the first he knew of it was when he saw it on his receipt. His post went viral with hundreds of people slamming café etiquette and urging him to go to the ACCC. "A f***ing dollar to heat my muffin? It's cr*p like this that just makes you shake your head and question where it is all going," the customer wrote in his original post. The cafe has since hit back at the post, and the angry customer who wrote it, saying the extra charge had been an error despite Heat Standard $1.00 being written on the receipt. They also said the customer could have simply solved the issue in person rather than blasting them online. "We do not nor have we ever charged for any heating of our wonderful baked treats," the café spokesperson told <a href="https://www.dailymail.co.uk/femail/real-life/article-13465591/Melbourne-cafe-targeted-angry-mob-charging-1-heating-fee-muffin-Aussies-reveal-hidden-charges-theyve-hit-amid-cost-living-crisis.html" target="_blank" rel="noopener">Daily Mail Australia</a>. "Unfortunately this has become a mountain of an issue that could have easily been resolved without a lynch mob caused by negligence at the hands of an influential keyboard warrior who ironically sells the idea of spiritual life practices and being grounded yet flipped out over a muffin." The original post racked up more than 870 comments before it was deleted, and more than 1,000 reactions. Some of those who saw it went on to slam the cafe by sending them threatening messages, commenting on posts on Instagram and calling their business phone to hurl abuse. "It's a sad world when a local cafe that aims for nothing more then customer satisfaction and community values to be upheld gets threatening messages from rogue vigilantes about wanting to see us go out of business over a muffin being prepared and served to quality standards," the cafe owners said. The cafe responded to the growing backlash online by announcing their muffins would be free on Tuesday. Image credits: Facebook / Shutterstock

Travel Trouble

Charlise Mutten's mother flees court in tears

Charlise Mutten's mother has broken down and fled the courtroom in tears after being accused of murdering her nine-year-old daughter. Kallista Mutten was grilled by her ex-fiancé Justin Stein's lawyer on Tuesday about her excessive methamphetamine use, including while pregnant with his child. The grilling began when Carolyn Davenport SC accused her by saying, "You shot and killed your daughter", to which Ms Mutten replied, "Are you serious?" She then burst into tears, crying out "I didn't even know where she was shot" before Ms Davenport added that Mr Stein "had seen you deliver the second shot". After being excused from the witness box, Ms Mutten ran out of the courtroom in tears, while the jury were temporarily sent out. The dramatic moment came after Ms Mutten admitted taking methamphetamine even when her daughter came to visit. Ms Mutten was being cross-examined on day 12 of Stein's trial, who has been charged with Charlise's murder in January 2022. The 40-year-old admitted to having psychotic episodes while on using ice and had continued to take the drug despite her Charlise's visit during the summer school holidays in 2022. She denied she and Charlise were not getting along in the days before her death, or that she had been told to leave the Stein's Mount Wilson property, and instead left of her own accord. "I chose to leave because I didn't want to be there any more. Yeah, I was very hormonal, I was pregnant. Yeah, I was using, yeah. My emotions were very strong at the time," she said. Stein, 33, has pleaded not guilty to murdering Charlise, but has admitted to disposing the schoolgirl's body. Image credits: Daily Mail / Facebook / Nine News

Legal

Little-known road rule that could cost you hundreds

An urgent warning has been issued for Aussie motorists over a little-known road rule that could cost you a $704 fine. While many are aware of the hefty fine that comes with driving an unregistered vehicle, not a lot of people know that in New South Wales it is illegal to park an unregistered car on a road or a road related area for more than 15 days after the vehicle's registration has expired. If you get caught, you could be fined $704 and up to 20 penalty units. Penalties vary between jurisdictions, but motorists can be fined almost as heavily as driving an unregistered car. Another little-known road rule that could land you in big trouble is waving out a car window. According to Budget Direct, both the passenger and driver could face a fine of $337 and a loss of three demerit points if they are caught doing the simple act. "Even winding down the window and stretching your arm outside to cool down could also get you in trouble," Budget Direct said. "According to all state and territories' driving regulations, it is illegal for any part of your body to be outside a moving vehicle at any time." Image: Shutterstock

Legal

“Is this illegal?”: Mum sparks debate over divisive rubbish bin tactic

A mother has reignited an age-old debate over neighbourhood etiquette, asking whether it is "illegal or frowned upon” to add rubbish to a neighbour’s wheelie bin if yours is completely full. Brooke Bliss, who lives on the NSW Mid North Coast, said that in her area bins were only collected once a fortnight and her outside bins fill up very quickly as a family of five. Often left with overflowing rubbish by the time collection day rolls around, Bliss admitted that she waits till the "dead of night" on the day before the bins are emptied and tosses a couple of bags of general waste into neighbours' bins. “Is this illegal or frowned upon?” the creator asked her followers in a video online. The mother-of-three explained to <a href="https://au.news.yahoo.com/mum-sparks-debate-over-widespread-rubbish-bin-tactic-everyone-does---but-is-it-illegal-004710089.html" target="_blank" rel="noopener">Yahoo News Australia</a>, “It’s actually super stressful, especially when you have young children… the bins fill up quite quickly.” “I find that my bin is full maybe like the fourth day after it’s just been collected and there’s still another eight or so days to go.” She added that she had “the most lovely neighbours” who would never have an issue with it, but she’d heard of other people being told not to do that by other residents. “I mean, if your neighbours aren’t letting you do that even if they have room in their bin, you then have the rubbish lying around your property because you have nowhere else to put it," Bliss added. Many fellow Aussies commenting on her video said they also sneak rubbish into their neighbours' bins and that once they were on the kerb they were fair game, with one adding, "as long as you're not putting rubbish in recycling or garden waste". “Both our neighbours know we do this to them,” one wrote, while another said, “I do it in broad daylight.” With a third adding, "everyone does this". While there are technically no laws against using your neighbours' bin, trespassing could be an issue unless you wait until the bin is on council land. A spokesman for Bliss's local council said that the move is generally frowned upon unless there is an agreement among neighbours. Image credits: Instagram / Shutterstock

Legal

Laura Tingle under fire after declaring Australia "a racist country"

One of the ABC's most senior journalists Laura Tingle has caused outrage after declaring Australia is "a racist country". The political reporter made the claims while speaking on a panel at the Sydney Writer's Festival on Sunday at an event hosted by former ABC TV Insiders host and Labor staffer Barrie Cassidy. Her comments were in response to the Opposition Leader Peter Dutton's pledge to slash permanent migration to just 140,000 a year, as well as the ABC's coverage of the war in Gaza. <div> <div>“We are a racist country, let’s face it," she said. We always have been, and it’s very depressing.”</div> </div> “The Opposition Leader has opened the doors to migrants being blamed not just for housing shortages but for all these other problems, too,” she added. On Sunday, Tingle said that after listening to Dutton's pledge, she “had this sudden flash of people turning up to try and rent a property or at an auction and they look a bit different – whatever you define different as – [and] that basically (Dutton) has given them licence to be abused, and in any circumstance where people feel like they’re missing out”. Her comments have prompted outrage among senators, with Indigenous Senator Jacinta Nampijinpa Price saying she is "really disappointed" by Tingle's comments. “This continued narrative … is being pushed within our country that does not provide any sense of pride for our children,” she said. “It absolutely creates division. We had enough of it during the [Indigenous Voice] referendum and leading journalists, well, supposedly leading journalists, like Laura Tingle should know better than to use that sort of rhetoric.” Price said the comments reflected Tingle’s opinion, rather than being a reflection of the whole country, as she also accused Tingle of political bias against Dutton, saying it reflected poorly on the ABC. “Laura has demonstrated her bias and I think [ABC chair] Kim Williams needs to explain why having someone so blatantly partisan sitting in the top political commentator position is acceptable.” Elsewhere, Albanese government minister Tanya Plibersek also took issue with Tingle’s comments. “I think it’s a fantastic multicultural country but we have to protect against incidents of racism which occur in our community as they do in every community,” Plibersek told Seven’s Sunrise on Monday. Following Tingle's comments, ABC board members have had emergency discussions over their colleague, after the Coalition on Monday demanded the public broadcaster explain Tingle’s weekend claims. Image credits: LUKAS COCH/EPA-EFE/Shutterstock Editorial

Legal

Worried your address, birth date or health data is being sold? You should be – and the law isn’t protecting you

<div class="theconversation-article-body"><a href="https://theconversation.com/profiles/katharine-kemp-402096">Katharine Kemp</a>, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a> Australians don’t know and can’t control how data brokers are spreading their personal information. This is the core finding of a newly <a href="https://www.accc.gov.au/system/files/Digital-platform-services-inquiry-March-2024-interim-report.pdf">released report</a> from the Australian Competition and Consumer Commission (ACCC). Consumers wanting to rent a property, get an insurance quote or shop online are not given real choices about whether their personal data is shared for other purposes. This exposes Australians to scams, fraud, manipulation and discrimination. In fact, <a href="https://www.accc.gov.au/media-release/consumers-lack-visibility-and-choice-over-data-collection-practices">many don’t even know</a> what kind of data has been collected about them and shared or sold by data firms and other third parties. Our privacy laws are due for reform. But Australia’s privacy commissioner <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4224653">should also enforce</a> an existing rule: with very limited exceptions, businesses must not collect information about you from third parties. <h2>What are data brokers?</h2> <a href="https://cprc.org.au/wp-content/uploads/2024/02/CPRC-Singled-Out-Final-Feb-2024.pdf">Data brokers</a> generally make their profits by collecting information about individuals from various sources and sharing this personal data with their many business clients. This can include detailed profiles of a person’s family, health, finances and movements. Data brokers often have no connection with the individual – you may not even recognise the name of a firm that holds vast amounts of information on you. Some of these data brokers are large multinational companies with billions of dollars in revenue. Consumer and privacy advocates provided the ACCC with evidence of highly concerning data broker practices. <a href="https://www.accc.gov.au/system/files/Salinger%20Privacy.pdf">One woman</a> tried to find out how data brokers had got hold of her information after receiving targeted medical advertising. Although she never discovered how they obtained her data, she found out it included her name, date of birth and contact details. It also included inferences about her, such as her retiree status, having no children, not having “high affluence” and being likely to donate to a charity. ACCC found another data broker was reportedly creating lists of individuals who may be experiencing vulnerability. The categories included: <ul> <li>children, teenage girls and teenage boys</li> <li>“financially unsavvy” people</li> <li>elderly people living alone</li> <li>new migrants</li> <li>religious minorities</li> <li>unemployed people</li> <li>people in financial distress</li> <li>new migrants</li> <li>people experiencing pain or who have visited certain medical facilities.</li> </ul> These are all potential vulnerabilities that could be exploited, for example, by scammers or unscrupulous advertisers. <h2>How do they get this information?</h2> The ACCC notes <a href="https://cprc.org.au/wp-content/uploads/2023/03/CPRC-working-paper-Not-a-fair-trade-March-2025.pdf">74% of Australians are uncomfortable</a> with their personal information being shared or sold. Nonetheless, data brokers sell and share Australian consumers’ personal information every day. Businesses we deal with – for example, when we buy a car or search for natural remedies on an online marketplace – both buy data about us from data brokers and provide them with more. The ACCC acknowledges consumers haven’t been given a choice about this. Attempting to read every privacy term is near impossible. The ACCC referred to a recent study which found it would take consumers <a href="https://www.mi-3.com.au/06-11-2023/aussies-face-10-hour-privacy-policy-marathon-finds-study">over 46 hours a month</a> to read every privacy policy they encounter. <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/595623/original/file-20240522-23-2zkuc.png?ixlib=rb-4.1.0&q=45&auto=format&w=1000&fit=clip"><img src="https://images.theconversation.com/files/595623/original/file-20240522-23-2zkuc.png?ixlib=rb-4.1.0&q=45&auto=format&w=754&fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/595623/original/file-20240522-23-2zkuc.png?ixlib=rb-4.1.0&q=45&auto=format&w=600&h=131&fit=crop&dpr=1 600w, https://images.theconversation.com/files/595623/original/file-20240522-23-2zkuc.png?ixlib=rb-4.1.0&q=30&auto=format&w=600&h=131&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/595623/original/file-20240522-23-2zkuc.png?ixlib=rb-4.1.0&q=15&auto=format&w=600&h=131&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/595623/original/file-20240522-23-2zkuc.png?ixlib=rb-4.1.0&q=45&auto=format&w=754&h=165&fit=crop&dpr=1 754w, https://images.theconversation.com/files/595623/original/file-20240522-23-2zkuc.png?ixlib=rb-4.1.0&q=30&auto=format&w=754&h=165&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/595623/original/file-20240522-23-2zkuc.png?ixlib=rb-4.1.0&q=15&auto=format&w=754&h=165&fit=crop&dpr=3 2262w" alt="" /></a><figcaption>The approximate length and time it would take to read an average privacy policy in Australia per month. <a class="source" href="https://www.accc.gov.au/about-us/publications/serial-publications/digital-platform-services-inquiry-2020-25-reports/digital-platform-services-inquiry-interim-report-march-2024">ACCC Digital Platform Services Inquiry interim report</a></figcaption></figure> Even if you could read every term, you still wouldn’t get a clear picture. Businesses use <a href="https://cprc.org.au/wp-content/uploads/2024/02/CPRC-Singled-Out-Final-Feb-2024.pdf">vague wording</a> and data descriptions which <a href="https://theconversation.com/70-of-australians-dont-feel-in-control-of-their-data-as-companies-hide-behind-meaningless-privacy-terms-224072">confuse consumers</a> and have no fixed meaning. These include “pseudonymised information”, “hashed email addresses”, “aggregated information” and “advertising ID”. Privacy terms are also presented on a “take it or leave it” basis, even for transactions like applying for a rental property or buying insurance. The ACCC pointed out 41% of Australians feel they have been <a href="https://www.choice.com.au/consumers-and-data/data-collection-and-use/how-your-data-is-used/articles/choice-renttech-report-release">pressured to use “rent tech” platforms</a>. These platforms collect an increasing range of information with questionable connection to renting. <h2>A first for Australian consumers</h2> This is the first time an Australian regulator has made an in-depth report on the consumer data practices of data brokers, which are generally hidden from consumers. It comes <a href="https://www.ftc.gov/system/files/documents/reports/data-brokers-call-transparency-accountability-report-federal-trade-commission-may-2014/140527databrokerreport.pdf">ten years after</a> the United States Federal Trade Commission (FTC) conducted a similar inquiry into data brokers in the US. The ACCC report examined the data practices of nine data brokers and other “data firms” operating in Australia. (It added the term “data firms” because some companies sharing data about people argue that they are not data brokers.) A big difference between the Australian and the US reports is that the FTC is both the consumer watchdog and the <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2312913">privacy regulator</a>. As our competition and consumer watchdog, the ACCC is meant to focus on competition and consumer issues. We also need our privacy regulator, the Office of the Australian Information Commissioner (OAIC), to pay attention to these findings. <h2>There’s a law against that</h2> The ACCC report shows many examples of businesses collecting personal information about us from third parties. For example, you may be a customer of a business that only has your name and email address. But that business can purchase “<a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4224653">data enrichment</a>” services from a data broker to find out your age range, income range and family situation. The <a href="https://www.legislation.gov.au/C2004A03712/latest/text">current Privacy Act</a> includes <a href="https://www.oaic.gov.au/privacy/australian-privacy-principles/read-the-australian-privacy-principles">a principle</a> that organisations must collect personal information only from the individual (you) unless it is unreasonable or impracticable to do so. “Impracticable” means practically impossible. This is the direct collection rule. Yet there is no reported case of the privacy commissioner enforcing the direct collection rule against a data broker or its business customers. Nor has the OAIC issued any specific guidance in this respect. It should do both. <h2>Time to update our privacy laws</h2> Our privacy law was drafted in 1988, long before this complex web of digital data practices emerged. Privacy laws in places such as California and the European Union provide much stronger protections. The government has <a href="https://ministers.ag.gov.au/media-centre/speeches/privacy-design-awards-2024-02-05-2024">announced</a> it plans to introduce a privacy law reform bill this August. The ACCC report reinforces the need for vital amendments, including a direct right of action for individuals and a rule requiring dealings in personal information to be “fair and reasonable”.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/230540/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/katharine-kemp-402096">Katharine Kemp</a>, Associate Professor, Faculty of Law & Justice, <a href="https://theconversation.com/institutions/unsw-sydney-1414">UNSW Sydney</a> Image credits: Shutterstock This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/worried-your-address-birth-date-or-health-data-is-being-sold-you-should-be-and-the-law-isnt-protecting-you-230540">original article</a>. </div>

Legal

Michael Schumacher’s family's huge legal victory

Michael Schumacher's family are celebrating a big win against a German magazine, after they published what they claimed was an "exclusive interview" but was actually AI-generated. The family have received a compensation payment of 200,000 euros ($327,065 AUD) more than a year after the magazine printed the fake interview with the Formula One legend. In April 2023, Schumacher appeared on the front cover of German publication Die Aktuelle under the headline, “Michael Schumacher, the first interview”. The publishers left a very small hint on the page that the article wasn't real, although adding that the interview “sounded deceptively real”. The article seemed to be a real interview, featuring artificial "quotes" from Schumacher about his health and his family. However, Schumacher has famously not been seen publicly since his ill-fated skiing accident in the French alps in December 2013, and his health battle has been kept intensely private by his family. But the article appeared to say otherwise, with one of there fake quotes reading, "I can, with the help of my team, actually stand by myself and even slowly walk a few steps.” “My wife and my children were a blessing to me and without them I would not have managed it. Naturally they are also very sad, how it has all happened." “They support me and are standing firmly at my side.” A spokesperson for the Schumacher family confirmed to Reuters the $327,065 judgement had been made against Funke Mediengruppe, the owners of the magazine. Funke Mediengruppe apologised to the family in the aftermath of the article and the editor of Die Aktuelle was sacked two days after it was published. Image credits: Attila Kisbenedek/EPA & HANNIBAL HANSCHKE/EPA-EFE / Shutterstock Editorial

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"I felt duped": 95-year-old loses $1.6 million in bank scam

A 95-year-old has been left feeling "sick" after she was scammed out of $1.6 million by heartless scammers claiming to be a bank. In November last year, Harriet Spring received a call from a man who called himself George Thompson, and said he worked for ING Bank. The man gained Harriet's trust over several months, at the difficult time that the great-grandmother was handling the sale of her mother's house. "Over time, I completely thought he was from ING, I had no reason to believe he wasn't," she told <a href="https://9now.nine.com.au/today/95-year-old-great-grandmother-loses-more-than-1-million-life-savings-to-scammers/f41540e7-f5c9-4c3b-89a7-ac94dd81bf6a" target="_blank" rel="noopener">Today</a>. "George" then convinced Harriet the money from the sale of the house could build interest in an ING account, but it was actually being held by Westpac Bank. "It sounds implausible now, but the scammer had me convinced and I told my mother's bank, Teachers Mutual Bank, that this was an ING fixed term deposit, but it was being put in the Westpac bank," she said. "I put down the BSB number and the account number and what I thought was my name attached to the account, (my mother's bank) pointed out that it seems strange and ING account would be held with Westpac, but they still went ahead and authorised the transfer." When Harriet realised the scammers had taken hold of her life savings totalling $1.6 million, she felt "sick". "Obviously my world just fell out from under me - I just felt sick," she said. "I felt utterly responsible, I felt duped, foolish, ashamed - a lot of shame associated with it and I think that's why a lot of people don't come forward and talk about this kind of thing." Harriet has shared her story as a warning for others to be wary of potential scammers, while also calling on banks to have better protocols in place to stop suspicious transactions from going through. "Someone with basic training from the bank would have known that ING don't bank with any other banks and they should have flagged it," she said. "I believe the reality is that the banks 100 per cent put the blame on the victims and they minimise their own liability." "There should be some sort of system for compensating victims, the banks don't commit the theft, but they certainly drive the getaway car and they need to be held responsible for being complicit with this." Image credits: Today

Legal

Police appeal for help in solving discovery of mystery body

Last July, a farmer was clearing bushland on a property between Clifton Beach and Goats Beach in Tasmania, when he made a grisly discovery. He found skeletal remains along with a number of personal items believed to belong to the deceased. “Police attended and recovered the remains, which showed no signs of physical injuries,” Sergeant Lee Taylor said. The remains had been in the area between five and 50 years, according to police. “A forensic examination at the scene located several items with the remains, including a pair of black dress shoes with several store-bought orthotics in the heel, a short sleeve top and unreadable identification paperwork, and an old campsite nearby which may be related,” Taylor said. Forensic analysis of the remains found that they belonged to a Caucasian male , but no DNA matches were made, with police having to use facial reconstruction and releasing the image to the public, in hopes that someone could identify him. “With DNA taken from the remains not matching to any DNA comparisons, state or nationally, Australian Federal Police have provided a craniofacial reconstruction of the man’s potential appearance,” Taylor said. Anybody with information or who can identify the man is asked to contact the police. Images: 7News

Legal

Riley Keough fights Graceland foreclosure sale

Elvis Presley's granddaughter Riley Keough has taken legal action against a company's plan to publicly auction Graceland estate in Memphis county, after she accused them of providing "fraudulent" documents. A public notice for a foreclosure sale of the 13-acre estate was posted in early May said that Promenade Trust, the company which controls the Graceland museum, owed $US3.8 million ($5.7 million) after failing to repay a 2018 loan. Keough's late mother, Lisa Marie Presley, allegedly signed the deed of trust and used Graceland as collateral. Naussany Investments and Private Lending, a Missouri-based company who managed the loan, claims that Lisa Marie failed to repay the loan. A public auction for the estate had been scheduled for Thursday this week, but a judge has blocked the sale after Keough sought a temporary restraining order and filed a lawsuit. In the lawsuit, Keough asserts that her mother never borrowed any money, and alleged that Lisa Marie’s signatures were forged and that Naussany Investments isn’t even a legitimate company. "Lisa Maria Presley never borrowed money from Naussany Investments and never gave a deed of trust to Naussany Investments," Keough's lawyer wrote in a lawsuit. “These documents are fraudulent. “Furthermore, the notary listed on the documents denies notarising Lisa Marie’s signature or ever meeting her.” A source told The New York Post that Keough is “traumatised” at what has unfolded and “never thought that a historic piece of property could even be considered to go into the hands of any random stranger”. An injunction hearing is set for Wednesday. Elvis bought the Graceland estate in 1957. After his death in 1977, his daughter Lisa Marie Presley inherited it and opened it up as a public museum five years later. After her death last year, her daughter Riley Keough became the heir. Image: Carl Timpone/BFA.com/ Shutterstock Editorial

Legal

Scarlett Johansson slams tech giant's AI update

Scarlett Johansson has issued a furious public statement, claiming that tech giant OpenAI used a voice that is “eerily similar” to hers in the latest version of ChatGPT. In the statement published by NPR, the actress claimed that OpenAI CEO Sam Altman had approached her last year asking if she would be interested in voicing their new AI voice assistant. After further consideration and "for personal reasons" she rejected the offer. She claimed that Altman then reached out to her agent again just days before the AI voice assistant was released, but before she had a chance to respond, the voice "Sky" was released. “When I heard the released demo, I was shocked, angered and in disbelief that Mr Altman would pursue a voice that sounded so eerily similar to mine that my closest friends and news outlets could not tell the difference,” she said in the statement. She also said that the similarity seemed intentional, as Altman tweeted the word "her" upon Sky's release, which is the same name as a 2013 movie she was in where she voiced a chat system. “In a time when we are all grappling with deepfakes and the protection of our own likeness, our own work, our own identities, I believe these are questions that deserve absolute clarity,” the actress said in her statement. “I look forward to resolution in the form of transparency and the passage of appropriate legislation to help ensure that individual rights are protected.” OpenAI announced that it had paused the use of the “Sky” voice on Sunday, and insisted that it wasn't Johansson's voice, but another actress. “We believe that AI voices should not deliberately mimic a celebrity’s distinctive voice — Sky’s voice is not an imitation of Scarlett Johansson but belongs to a different professional actress using her own natural speaking voice,” the company wrote. Image: Alessandro Bremec/NurPhoto/ Shutterstock Editorial

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Hundreds arrested in domestic violence crackdown

More than 550 people in NSW have been arrested in a state-wide crackdown on domestic and family violence. Operation Amarok VI ran from last Wednesday to Saturday, and in that time police arrested 554 people and made a total of 1070 charges. Of those arrests, 226 were wanted by police for alleged serious domestic violence offences, according to a NSW police spokesman. "Anyone who commits this heinous crime can expect a knock at their door," Police Minister Yasmin Catley said. "Operation Amarok is just one part of the police response. Last year, almost 150,000 calls for assistance were made to the NSWPF for domestic violence-related matters. "This shows the severity of the situation, the huge amount of police time and resources that go into addressing this epidemic and how important it is for prevention, early intervention and crisis support services to work together." Some of most significant arrests include a a 53-year-old man who allegedly threatened a woman with an imitation gun in Kempsey. Officers searched the home and seized the weapon and some cannabis. A 23-year-old woman was also arrested in the state's west after allegedly stabbing a relative around 2:30 am on May 17. The older relative received multiple stab wounds to the abdomen, head, and back and was taken to a local hospital where police were called. She was later flown to the Royal Adelaide Hospital in a critical condition. The 23-year-old was charged with wound person intend cause grievous bodily harm and was refused bail to appear in Dubbo Local Court on May 18. NSW Police Executive Sponsor for Domestic and Family Violence, Deputy Commissioner Peter Thurtell said that the operation allowed police to conduct a targeted blitz of those who have been flagged as the worst domestic violence offenders. “We demonstrated last week that we will target and arrest the offenders no matter where they are located. We saw significant arrest numbers in our regional communities, and we also saw arrests for offences that occurred allegedly while the offender was in jail," he said. "These Amarok VI results send a powerful message to offenders, and the community at large, that we do not tolerate domestic and family violence in any form, and our efforts will continue." Images: NSW Police

Legal

Miss World Australia attacked outside shopping centre

Miss World Australia has taken aim at the lack of police response after she called Triple Zero for urgent assistance when she was attacked. Jasmine Stringer was running a workshop with a group of aspiring young pageant contestants at a Gold Coast shopping centre on Friday night, when a woman lunged towards the group in a random attack. "This person was hurling abuse at the young girls and then charged at me from across the road and punched me straight in the face," Jasmine told <a href="https://9now.nine.com.au/today/miss-world-australia-and-children-attacked-during-gold-coast-shopping-centre-event/cf15799c-99e7-45ee-b143-519bcff1114f" target="_blank" rel="noopener">Today</a>. "I fended her off and then she turned her sights to a 14-year-old girl." While doing her best to protect herself and the young girls, Jasmine called Triple Zero for assistance. As the young girls fled from the scene, Jasmine waited for police - or members of the public - to help, and was met with no response. "I guess the most concerning part of this whole story for me is that I called Triple Zero, we are in the Southport CBD of the Gold Coast, less than three kilometres from the police station and in a 15-minute time frame when women and children are being assaulted, there was no one turning up to help," the 27-year-old said. "I stayed there for 20 minutes on the call with the dispatcher and I was starting to get stressed, this woman was still physically attacking these children as they're trying to get into cars and taxis and it was escalating and I asked 'is someone coming?' and they were quite dismissive to me." As part of her Miss World Australia advocacy work, Jasmine has devoted a lot of time and effort into preventing violence against women, and says this attack is the second time within a month that she's called for help from police after witnessing a violent incident and there's been nobody there to help. 'I'm going to go to the police station today just make sure that the report is made and hopefully have the person who attacked us charged," she said. "But at this point in time, I've received no follow up from the police and it's been a really distressing situation." Image credits: Today

Legal

World No.1 golfer breaks silence after bizarre arrest

World No. 1 golfer Scottie Scheffler has broken his silence after he was arrested and charged by police on Friday, ahead of the second round of the PGA Championships. Scheffler was detained by Louisville Metro police, after he drove onto a curb to try and get around a fatal accident that occurred in front of the Valhalla Golf Club. Earlier that morning, a man who was working for a vendor at the tournament, was hit and killed by a shuttle bus while attempting to cross the street near the golf club. The tragic incident caused the road to close in both directions, but Scheffler reportedly “refused to comply and accelerated forward” when Detective Bryan Gillis stopped the golfer to give instructions. The police report obtained by ESPN also said that the detective who stopped him “suffered pain, swelling and abrasions to his left wrist and knee." Scheffler was charged with felony assault on a police officer, criminal mischief, reckless driving and disregarding signals from an officer directing traffic and was released almost four hours later. He returned to the golf course and issued a statement on the incident before completing his second round. “This morning I was proceeding as directed by police officers,” Scheffler began. “It was a very chaotic situation, understandably considering the tragic accident that had occurred earlier and there was a big misunderstand of what I thought I was being asked to do. “I never intended to disregard any of the instructions. “I am hopeful to put this to the side and focus on golf today. “Of course, all of us involved in the tournament express our deepest sympathies to the family of the man passed away in the earlier accident this morning. It truly puts everything into perspective.” After completing the second round, he spoke further about the incident and said: “My head is still kind of spinning, I can’t really explain what happened this morning." He also recalled stretching and doing his warm-ups in the jail cell, in attempt to lower his heart rate. “I was never angry. I was just in shock, and I think my body was just -- I was shaking the whole time. I was shaking for like an hour. It was definitely a new feeling for me," he said. An officer even offered him a sandwich. “I was like, ‘Sure, I’ll take a sandwich’. I hadn’t eaten breakfast yet. I mean, they were really kind. I’m grateful that we have such strong police, and they’re our protectors out there, and like I said, we just got into a chaotic situation this morning. That’s really all it was," he recalled. Scheffler’s lawyer Steve Romines said that there was a bit of confusion as the officer directing traffic didn’t appear to be part of the tournament traffic detail “and that’s where the miscommunication arose”. He also said that they will be pleading not guilty and told The Golf Channel that charges against Scheffler “will either be dropped or we will go to trial because Scottie didn’t do anything wrong. “We’re not interested in any sort of settlement negotiations or anything like that. It was just a big miscommunication.” Images: Twitter

Legal

Entire Knox team stood down after abusing female players

Knox Football Netball Club (KFNC) has stood down its entire mens development indefinitely, following reports of their "inexcusable behaviour" towards an opposing women's team. Reports emerged this week that players from the Melbourne suburban football club rated and attempted to trip over Donvale's female players as they entered the field last Sunday. “They held out their legs to trip the women over and used the phrases yes, no, mediocre, rating each female player. The players were rightly upset but they played out the rest of the game,” veteran reporter Jacqui Felgate said. “I hope the men that did this … are held to account," she continued. KFNC immediately looked into the incident, and on Thursday announced that the whole team had been “stood down indefinitely pending the outcome of the independent investigation” in an open letter shared on Facebook. They also said: "KFNC recognises that such behaviour is completely unacceptable and does not reflect the values of the club." KNFC will also implement a comprehensive behavioural and domestic violence education program across the entire club. “Participation in this program will be mandatory for all members, with a ‘no education, no play’ rule in effect,” Knox said. “KFNC is establishing an ongoing partnership with a local family violence shelter for both education and charitable support. “We understand the gravity of this situation and the importance of taking swift and decisive action. We are committed to learning from this incident and ensuring that such behaviour is not repeated in the future. “Our club stands for inclusivity, respect, and safety for all members, and we will continue to uphold these values in everything we do.” Felgate reacted to Knox's open letter and said that the action was “the very least they could do”. “Women play sport — they should not be subjected to abuse on the field, off the field, whatever, on the base of their sex,” Felgate said. A Donvale player also spoke to the Herald Sun anonymously and said that her team were already "uncomfortable" before the comments began. "We all realised what happened a lot of us broke down in tears and just felt helpless," she told the publication. "I’ve had individual men come up to me and say things that aren’t really appropriate but this was a group of 20 men standing, laughing and making comments about us. “The only thing I want to emphasise is the amount of other men from Knox that were around them not saying anything," she added. “Unfortunately I really do believe that men aren’t going to stop behaving like this unless other men call it out, they don’t listen to women.” Image: Facebook/ Knox Football Club

Legal

"What a joke": Backlash over new strict speed limit

Melbourne residents have lashed out at a local council over the controversial decision to reduce the speed limit on bust roads. Every street in Fitzroy and Collingwood, except state-managed roads such as major thoroughfares, are now under the new strict speed limit of a mere 30 kilometres an hour, which has been enforced by the Yarra City Council. Thoroughfares that are currently exempt from the 30km/h limit include Johnston Street, Nicholson Street, Hoddle Street, Alexandra Parade and Victoria Parade, although the council is working hard to bring the speed limits on these major roads down to 40km/h or 60km/h. Yarra City Council Mayor, Edward Crossland, said there is clear evidence that reducing speed limits will lessen the number of road accidents and save lives. “We want to make our streets safer and better places for people of all ages and abilities whether you are walking, wheeling, cycling or driving. 30km can have a huge benefit and we know there is a lot of support for this initiative across our community,” he said. “Research shows that a person walking is at least twice as likely to be killed by a driver travelling at 40km than at 30km and that safer speed limits in urban areas has minimal impact on travel time." The council first began trialling the 30km/h speed limit in 2018 in northern parts of Fitzroy and Collingwood, and brought the number of crashes down by 52 percent over the first 12 months. Despite the evidence that reduced speeds help the community at large, not everyone is impressed by the change, with social media users claiming the lower speed limit will “never be enforced”. Another claimed, “When the police commissioner comes out and says it’s ridiculous and nobody will follow the limits then yeah, fair to say it won’t be enforced.” In 2023, Victorian Police chief commissioner Shane Patton, told ABC radio that changing the speed limit to 30km/h was “not the answer”. “I think no one’s going to obey it. It’s ridiculous,” he said. Social media users have branded the change an attempt at “revenue raising”, with one commenter saying: “Just another way to nab us with fines! All about the revenue.” “What a joke,” another person said, while one claimed people might as well start pushing their cars if the speed limit is so low. However, there are also those that have praised the council’s decision, branding it a “great initiative”. “Great news! More traffic calming please,” one person said. Image credits: Shutterstock

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Laura Tingle shares "regret" over racism comments

Alleged killer cop files lawsuit against NSW Police

"Repeatedly ignored": Daughter of Perth gunman breaks her silence

Cafe targeted online for charging customer a "heating fee"

Charlise Mutten's mother flees court in tears

Little-known road rule that could cost you hundreds

“Is this illegal?”: Mum sparks debate over divisive rubbish bin tactic

Laura Tingle under fire after declaring Australia "a racist country"

Worried your address, birth date or health data is being sold? You should be – and the law isn’t protecting you

Michael Schumacher’s family's huge legal victory

"I felt duped": 95-year-old loses $1.6 million in bank scam

Police appeal for help in solving discovery of mystery body

Riley Keough fights Graceland foreclosure sale

Scarlett Johansson slams tech giant's AI update

Hundreds arrested in domestic violence crackdown

Miss World Australia attacked outside shopping centre

World No.1 golfer breaks silence after bizarre arrest

Entire Knox team stood down after abusing female players

"What a joke": Backlash over new strict speed limit

Our Partners

News

Shop

Catalogues

Newspaper

Contests

Entertainment

Travel

Health

Lifestyle

Finance

Property

Compare

Games

Information

Keep up to date

Search

Commonly overlooked estate planning matters

Laura Tingle shares "regret" over racism comments

Alleged killer cop files lawsuit against NSW Police

"Repeatedly ignored": Daughter of Perth gunman breaks her silence

Cafe targeted online for charging customer a "heating fee"

Charlise Mutten's mother flees court in tears

Little-known road rule that could cost you hundreds

“Is this illegal?”: Mum sparks debate over divisive rubbish bin tactic

Laura Tingle under fire after declaring Australia "a racist country"

Worried your address, birth date or health data is being sold? You should be – and the law isn’t protecting you

Michael Schumacher’s family's huge legal victory

"I felt duped": 95-year-old loses $1.6 million in bank scam

Police appeal for help in solving discovery of mystery body

Riley Keough fights Graceland foreclosure sale

Scarlett Johansson slams tech giant's AI update

Hundreds arrested in domestic violence crackdown

Miss World Australia attacked outside shopping centre

World No.1 golfer breaks silence after bizarre arrest

Entire Knox team stood down after abusing female players

"What a joke": Backlash over new strict speed limit

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