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

34. Instruments Act 1958 (Vic) s 125V.
35. Instruments Act 1958 (Vic) s 125Z.
36. Instruments Act 1958 (Vic) ss 125Z, 125ZA and 125ZB. See also VLA and OPA,
above n 23, p. 50.
37. Gardner, above n 1.
38. Gardner, above n 1, citing Hughes, above n 2.
39. Gardner, above n 1, citing Hughes, above n 2.
40. See section 7 of this report.
41. See section 6 of this report.
42. Signatories to the Code of Practice include: Australia and New Zealand Banking
Group; Bank of Queensland Limited; Bank of Western Australia; Bendigo and
Adelaide Banks; Citibank Australia; Commonwealth Bank of Australia; HSBC Bank
Australia Limited; ING Bank (Australia) Limited; National Australia Bank Limited;
St George Bank Limited; Suncorp Metway Limited; and Westpac Banking
Corporation: see Australian Bankers’ Association, Banks that have adopted the
Code of Banking Practice,
(at 22 November 2007).
43. Australian Bankers’ Association, Code of Banking Practice, cl 6.
The Code is considered in more detail in section 3 of this report.
44. Victorian Civil and Administrative Tribunal Act 1998 (Vic) Sch 1, cl 37(1).
45. Hughes, above n 2, p. 9.
46. Hughes, above n 2, p. 9.
47. Gardner, above n 1, citing Hughes, above n 2.
48. See Privacy Act s 18N(9).
49. Privacy Act 1988 (Cth), Sch 3.
50. There is an argument that it is the financial institution’s responsibility to act only
on a valid mandate and that, as a result, it is very relevant for the institution to
identify where its customer is not genuinely mandating a transaction of their own
free will. But we consider this to be insufficient to justify reporting of suspected
abuse to a third party as being for the purpose of ‘providing financial services’
to the institution’s customer.
51. Federal Privacy Commissioner, Guidelines to the National Privacy Principles,
September 2001, p. 35.
52. Federal Privacy Commissioner, above n 52, p. 36.
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