Responding to the financial abuse of older people - Loddon ...

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Edited by Joe Edmonds and Peter Noble Loddon Campaspe Community Legal Centre © Advocacy & Rights Centre Ltd 29 Queen Street Bendigo Victoria 3552 Ph: (03) 5444 4364 Fax: (03) 5441 1033 The Loddon Campaspe Community Legal Centre is a program of the Advocacy and Rights Centre Ltd ISBN 978-0-9805078-2-9
Responding to the fi nancial abuse of older people Understanding the challenges faced by the banking and fi nancial services sector A program of the Advocacy & Rights Centre Ltd August 2008
Page 1: Responding to the financial abuse o
Page 5 and 6: Contents Preface ..................
Page 7 and 8: Preface In a paper given in Novembe
Page 9 and 10: 1. Introduction and Scope This repo
Page 11 and 12: 2. Glossary In this report: • ‘
Page 13 and 14: impose an obligation to protect a c
Page 15 and 16: 4. Code of Banking Practice 4.1 Sum
Page 17 and 18: 5. Office of the Public Advocate 5.
Page 19 and 20: 5.4 Administration orders (a) If th
Page 21 and 22: nevertheless be able to guess the s
Page 23 and 24: ‘general duty of confidentiality
Page 25 and 26: capacity’. 48 As a result, any fi
Page 27 and 28: in reporting abuse to a third party
Page 29 and 30: y or on behalf of an enforcement bo
Page 31 and 32: Reporting requirements are in two c
Page 33 and 34: to assist bank employees in identif
Page 35 and 36: 7. Confidentiality 7.1 Summary (a)
Page 37 and 38: Additionally, the following particu
Page 39 and 40: 7.6 BFSO scheme (a) The BFSO scheme
Page 41 and 42: (e) Where a representative of a cus
Page 43 and 44: (c) The fiduciary relationship aros
Page 45 and 46: Indeed, the duty to honour a custom
Page 47 and 48: suspicious transaction. These terms
Page 49 and 50: The common law has formulated the t
Page 51 and 52: 9.6 Contextual truth A defence of c
Page 53 and 54:
(d) whether the opinion was honestl
Page 55 and 56:
equires that the duty and interest
Page 57 and 58:
10. Recommendations On the basis of
Page 59 and 60:
Notes 1. Julian Gardner, Uncovering
Page 61 and 62:
34. Instruments Act 1958 (Vic) s 12
Page 63 and 64:
69. Mandatory reporting may give re
Page 65 and 66:
96. Cheques Act 1986 (Cth) s 33(2)(
Page 67 and 68:
Schedule 1: Office of the Public Ad
Page 69 and 70:
Schedule 1: Office of the Public Ad
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