Status of the Royal Commission into Institutional Responses into Child Sexual Abuse

As read in the 24 May 2018 House of Representatives parliamentary papers. Members' Statements  (p. 36-55) saw Parliamentarians now discussing how to provide compensation to the 20,000 survivors of sexual abuse who as children were in the care of 4,000 state and territory government institutions.

Julia Gillard establishment the Royal Commission in 2013, it finished on 14th of December 2017 and had 400 recommendations. It was needed because reports from victims at the time of the crimes were ignored and institutions chose to protect their reputation and so sheltered perpetrators and moved them from institution to institution.

Over the five-year inquiry, there were 42,041 calls handled, 25,964 letters received, 8,013 private sessions held,and 2,575 referrals to authorities, including to the police.

At the request of the Commission, the Catholic Church provided data on complaints. Between 1980 and 2015 alone, over 4,400 people alleged incidents relating to more than 1,000 separate institutions. Of the victims, 78% were male. Tragically, the average age of male victims was 11½ years old, while for girls it was just 10½.

Of the alleged perpetrators, 90% were male. 62% of the perpetrators were priests or brothers. 7% of all priests were perpetrators. 20% of all Marist Brothers and 22% of all Christian Brothers were perpetrators. Can you imagine another institution in this country where close to one-quarter of its members were perpetrators?

Five male religious orders—the Christian Brothers, the De La Salle Brothers, the Marist Brothers, the Patrician Brothers and the St John of God Brothers—represent more than 40% of all claims made to Catholic Church authorities.

The commission tabled its final report on 15 December and so on the 15th of every month, the Care Leavers Australasia Network (CLAN) (who represents, supports and advocates for people who were raised in Australian and New Zealand Orphanages, Children's Homes & Foster Care) will release an update of how many of its recommendations have been implemented.

Examples of recommendations include that a range of changes be made to Medicare to help provide rest-of-life psychological care to survivors of child sexual abuse, reforming the Catholic Church around celibacy and the culture of secrecy with the seal of the confessional where the faithful seek divine absolution from their sins.

There has already been results, the highest ranking official in South Australia’s Catholic Church Philip Wilson will reign from his post of Archbishop after being found guilty of not only ignoring but covering up a priest's sexual abuse of altar boys including one 10 year old boy who was a family friend who confided in Wilson at age 15. The paedophile, priest Jim Fletcher died in jail in 2006. Wilson now faces a maximum 2 years in jail with sentencing to occur on June 19 2018.

 

National Redress Scheme for Institutional Child Sexual Abuse Bill 2018

The national redress scheme is due to commence on 1 July 2018. It will pay survivors:

-        Maximum $150,000 each

-        Provide counselling and psychological care throughout a survivor's life.

Changes are being discussed to refrain from providing just a lump sum of $5,000 but to make changes to Medicare to help provide for rest of-life psychological care to survivors.

Housing affordability

I want a nest egg. You want a nest egg. Everyone wants a retirement nest egg. But how do our leaders facilitate this without distorting residential property markets which affect other market players?

Negative gearing allows property investors to attain tax deductions from the outgoing expenses that come from holding a rental property (or properties) as an investment when they are more then the rent they are earning. This includes: interest on the loan, the cost of repairs, maintenance and improvements, renovations, council rates, water rates, insurance, fire levy, stamp duty and real estate transaction costs. However, if you buy the property as your place of residence you do not get to claim these tax deductions, although you do get to claim a capital gain tax exemption.

Researchers from the Grattan Institute have found “that certainly there are some middle income earners that negatively gear” but “when you look at the distribution of tax benefits they overwhelmingly go to high-income earners”. About 50% of the benefits from negative gearing go towards the top 10% of income earners.

Australian Prime Minister Malcolm Turnbull once agreed with this opinion. He described negative gearing as using tax policy to “distort economic behaviour…skewing national investment away from wealth-creating pursuits, towards housing, [creating] a property bubble” in a 2005 tax policy paper. More recently, Turnbull has changed his opinion stating that "scrapping negative gearing will cause rents to rise” and will curb investors’ “demand for property”.

Particularly in Melbourne, the PM’s stance that scrapping negative gearing will increase rents is unjustified. There is no evidence of this. In 1985-87 when negative gearing was abolished, rent decreased in Melbourne and every other city in Australia (other than Sydney and Perth and thus negative gearing cannot be deemed the cause). 

His comment is further unfounded due to the current and amplifying glut of city and inner city apartments in Melbourne. In 2016 and 2017 there is expected to be “about 21,000 to 22,000 apartments” built in Sydney and Melbourne, further adding to the market. The law of supply and demand means that this will, in fact, keep rent prices low. This, paired with an extremely low interest rate predicted to drop to a “record low” of 1.75% in August 2016, means that 2016 is an ideal time to realign this market distortion.

What would help to keep rent prices affordable is using tax policy to encourage Australians to rent out empty properties. By measuring water usage, researchers have found that there are currently “some 82,724 properties, or 4.8 per cent of the city's total housing stock" that appear to be unused in Melbourne.

First home buyers in Melbourne and Sydney can only hope for a dip in property demand (and hopefully a realignment of the market) after the unsustainable growth in house prices averaging 7.3% a year since 1999. According to the 2015 12th Annual Demographia International Housing Affordability Survey, Australia has 2 of the top 10 least affordable housing markets in the world. We want Australia to be a world leader, but not in this measurement. Sydney sits at number 2 globally and Melbourne equal 4th with Auckland and San Jose, USA. The other 6 are Hong Kong, PRC (1st), Vancouver (3rd), San Francisco (7th), London (8th), Los Angeles and San Diego, USA (shared 9th).

Negative gearing needs to be wound back, used for new properties (to encourage supply) but with a limit placed on the amount of properties that can be negatively geared per family.

The flow on effects and negative ramifications that would come from restricting negative gearing to only the banking sector have also been mitigated. In June 2015 financial services regulator, the Australian Prudential Regulation Authority (APRA), enforced policy to significantly change banks’ lending policies to investors, thus cooling the market. They released a temporary directive to the big four banks and Macquarie requiring them to “increase the amount of capital they hold against their residential mortgage exposures”, causing banks to reduce the amount of mortgages they can supply. However, Westpac has now reduced these higher mortgage deposit requirements for investors.

The government needs to stop incentivizing investment in property, which artificially inflates housing markets at the expense of other buyers. Instead, it needs to incentivize the investment of startups and long term infrastructure funding. The coalition has recognised this and has made a start supporting angel investors, startups and entrepreneurs in an attempt to adopt an Israeli style support network for entrepreneurs. This incentivizes real growth in the economy, rather than market distortions for the gain of just one section of society. Initiatives include “a $200,000 cash injection to promote fintechs on the global stage” and a continuation of the innovation agenda announced in 2015. This involves the government contributing "$11 million to establish startup landing pads” in Tel Aviv, San Francisco, Shanghai and Berlin. According to the budget, these landing pads will “support emerging Australian companies in global innovation hotspots”.

There are other investment possibilities that have not been incentivized for individuals: long-term infrastructure, science, research, and very necessary communication infrastructure such as a higher quality National Broadband Network (NBN). In response to the dire need for investment in long-term bankable infrastructure projects, multinational organisations have taken up the call as they recognise the long-term, negative ramifications of a shortage of adequate infrastructure in Australia’s major cities.

The G20 has come to the forefront to address this need. Sydney has put up its hand to house the G20 Global Investment Hub (GIH). This platform has a global outlook and seeks to facilitate “knowledge sharing, highlighting reform opportunities and connecting the public and private sectors” as well as “lowering barriers to investment, increasing the availability of investment ready projects, helping match potential investors with projects and improving policy delivery.”

It would be incredibly helpful for superannuation funds, managed funds and personal investors to have the ability to jointly invest in hugely needed infrastructure projects checked by the GIH as being a high-quality investment which would help to develop economies without compromising housing affordability. The GIH is planning to eventually provide “a project pipeline to showcase investment ready projects to multilateral banks and private investors.”

The World Economic Forum’s Infrastructure Investment Blueprint stresses the need for investors to have ‘a clear role’ in funding projects either solely or as part of public-private partnerships (PPPs). It recommends tax policy changes with “lower expenses and cost of capital for investors” for long-term infrastructure. Thus, allowing long-term investors the ability and information to invest in needed infrastructure boosts the growth potential of economies while still obtaining returns in a lower risk market compared to other vehicles as well as furthering the public-private model.

When it comes to building a retirement nest egg for the future, property is still regarded as one of the safest long-term investments – no incentive is needed. The funds from Australian ‘mum and dad’ investors could be more strategically incentivized in order to enable growth, jobs and efficiency.

Originally posted in 'Insights' by Young Australians in International Affairs by Cassandra Oaten, International Trade and Economy Fellow. 

 This article can be republished with attribution under a Creative Commons Licence. Please email publications@youngausint.org.au with any questions or for more information.

 

Image credit: OTA Photos (Flickr: Creative Commons) 

Global Oil

World Oil Prices and the Weapon of Economic Ruin

The price of crude oil has always fluctuated in accordance with geopolitical events. Historically, gluts in supply, the introduction of alternative fuel sources, economic downturns and unexpectedly mild winters have reduced demand, pushing prices down. Social unrest in oil-exporting economies and investor speculation, overvaluing the commodity have played their part in pushing prices up. An assortment of these factors caused price crashes or extended declines in 1986, 1998/1999, 2008/9 and 2014-2016.

The Organisation of the Petroleum Exporting Countries (OPEC) is an intergovernmental union of oil-exporting economies aligned with the goal to control the price of world oil. In reaction to the above factors, OPEC’s ability to control the price using production levels is only partly effective. OPEC's founding objective was to unite oil policies between member economies to “secure fair and stable prices” for the benefit of oil producing economies and their investors, as well as to maintain a stable supply to consumers. This cooperation intended to cease harmful fluctuations in the supply of this highly sought after commodity. However, the altruism of its members’ underlying desires remains questionable.

OPEC member economies who first joined the cartel during a 1960 Baghdadi conference include Iran, Iraq, Kuwait Saudi Arabia and Venezuela. Their 2013 oil rent levels - the difference between the value of crude oil production at world prices and total costs of production as a percentage of GDP, measuring a country’s economic dependence on oil exports – are 22.8 (Iran), 42.9 (Iraq), 57.5 (Kuwait), 43.6 (Saudi Arabia) and 23.6 (Venezuela).

Since 1960, OPEC has been joined by Algeria (21.6), Angola, (34.6), Ecuador (16.2), Gabon (42.4) (terminated membership in 1995), Indonesia (2.3), Libya (44.2), Nigeria (13.6), Qatar (23.4) and the United Arab Emirates (21.6).

The 8 producers not in OPEC with the highest oil rents as a percentage of GDP, and thus a high reliance on oil exports, are Azerbaijan (33.9), Brunei Darussalam (23.6), Chad (23.3), the Republic of Congo (56.8), Equatorial Guinea (53.3), Kazakhstan (23.8), Oman (34.5) and South Sudan (25.8). These countries are at risk because “the larger a country’s reliance on oil exports, the smaller its chances of weathering deleterious changes in the market”. This list, which contains many developing economies, all have a high reliance on earnings from crude oil. They will not fare well in a world economy with a prolonged period of cheap oil with little reserves to weather the low prices. They are particularly vulnerable right now because, since 2012, there has been a “stunning fall in price, from a peak of $115 per barrel in June 2014 to under $35 at the end of February 2016.”

Currently, Saudi Arabia as the producer with the largest market share has the loudest voice in OPEC. OPEC has been slow to reduce production levels as suggested. This makes a mockery of the first Summit of Heads of State and Government in 1975 convened to tackle the struggles of the poorer oil-producing nations.

There have been many “conflicting statements” about what will happen to OPEC oil production levels. In February 2016, oil ministers from Venezuela, Saudi Arabia, Russia and Qatar signed a deal in Doha “coordinating actions to freeze oil production in a bid to stabilise global oil prices and ensure continued profits from the industry.” It will be interesting to see if this deal holds with Russia, the USA, Iran and Saudi Arabia reported as not slowing their production “since the price of oil started to fall in 2014.” Some analysts are calling the production freeze a “meaningless gesture”. Another round of talks with OPEC and major non-OPEC producers is planned to take place in Doha on 17 April “to widen the production freeze deal.”

Saudi Arabia has acted swiftly in the past to demand global cooperation regarding oil price strategy. In 1986, the Saudis increased their oil output dramatically to force non-OPEC oil producers to cooperate with OPEC in order to stabilise global output. Now, they seem reluctant to cut production so that they can keep prices low to drive out overinvestment in the current world market.

There are other possibilities as to why the Saudis are failing to reduce production levels swiftly. These include a possibility of pushing out smaller producers which would increase market share in the future, stalling newly sanction-free Iran from retooling its oil industry and undermining America's fracking production which would reduce reliance on Saudi political and trade cooperation.

Saudi Arabia’s actions in Syria are also provoking questions about their connection to oil. But what has oil got to do with Saudi Arabia’s actions in Syria?

Syria controls access to gas pipelines spanning from the Middle East to Europe. Religiously opposed to the Shiite Assad Government in Sunni Muslim majority Syria, Saudi Arabia would not be happy about the new deal that Syria has proposed. With support from Russia, Syria has elected to give preference to Shiite majority economies in the Iran-Iraq-Syria-Europe gas pipeline, supporting this over the Sunni majority Qatar-Saudi-Jordan-Syria-Europe pipeline.

The Saudis may also want to fiscally hurt Russia, as the Assad Government and Shiite dominated pipeline’s chief ally. This is at the expense of other OPEC member states who want to stabilise oil prices. Moreover “countries that are heavily dependent on remittances from citizens working in oil economies are also at risk.”

For survival, oil-exporting economies are devaluing their currencies and undertaking fiscal stimuli in their economies. However for economies like Venezuela, already facing a serious currency and balance-of-payment crisis, this decrease in exporting abilities only amplifies the problem and exaggerates inflation.

The depreciated price of world oil is causing severe hardship across many economies. The failure of those who have the ability to rectify this problem to make any significant changes amounts to them using oil as a tool or weapon to force political gains – a weapon of economic ruin.

Originally posted in 'Insights' by Young Australians in International Affairs by Cassandra Oaten, International Trade and Economy Fellow. 

 This article can be republished with attribution under a Creative Commons Licence. Please email publications@youngausint.org.au with any questions or for more information.

Image credit: Laura Pontiggia (Flickr: Creative Com

Financial Cooperation Across the Asia-Pacific

Envious of the success arising from Europe’s regulatory convergence – which is allowing Asian investors the mobility to invest in European collective investment schemes (CIS) – Asian governments are working to construct the Asian Regional Funds Passport (ARFP). This initiative will woo back some Asian investors to use locally-based funds instead.

Fund operators in participating economies of the Passport scheme will be able to market approved funds to other member economies with minimal regulatory hurdles. Not only will this keep capital in the region, but it will also provide an additional choice to investors, giving them the ability to better diversify their portfolio to reach their investment objectives.

The ARFP will lead to huge gains for the funds management industry through leveraging the benefits of economies of scale. The internationalisation will mean access to new customers. Therefore, it is expected that the ARFP will lead to a reduction in costs due to the simplification and streamlining of administrative structures. The scope that the funds in the ARFP should achieve throughout Asia will benefit Asia when competing globally due to lowered fees and costs – making funds highly competitive to those outside the region. The Passport will improve liquidity and is also hoped to raise capital to finance the highly needed long-term infrastructure projects that require large-scale investment.

It is not the first initiative to utilise the idea of marketing a designated set of permitted investment funds across borders. The Undertakings for Collective Investment in Transferable Securities (UCITS) vehicle is the investment scheme for funds domiciled in the European Union (EU). UCITS have further matured Europe’s funds management industry and its reputation for predictability and stability.

As a result, the EU has been cashing-in on marketing and selling its UCITS funds to many economies in Asia. “Over the past three years, 40% of all net sales into UCITS funds came from Asia.” In 2011, total net assets in UCITS vehicles stood at €5.63 trillion. In comparison, the capital flow into mutual funds domiciled in Asia was only €6.27 million. UCITS have also grown to be listed in 2012 as the  “most popular offshore fund product” in Hong Kong, Japan, Malaysia, Singapore, South Korea, and Chinese Taipei. Whilst UCITS are very popular, the ARFP will “reduce potential settlement risk” for Asian investors which was a problem in the past with the UCITS due to the time zone in which the fund is priced.

Asia, with its fragmented market, is not at all similar to the EU. In comparison, Asia has very low rates of convergence and integration making it "easier to sell UCITS funds in Asia than to sell Hong Kong or Singapore funds". With no overarching body like the EU, APEC is stepping up to champion this harmonisation alongside other economic integration and growth initiatives in the region.

The demographics of Asian markets are diverse. Many are characterised by “a growing middle class and aging population in need of retirement savings products”. Thus, it is timely and necessary that Australia, Japan, Korea, New Zealand, the Philippines, Singapore and Thailand are pushing this opportunity as pilot member countries. Japan’s participation is a particular boost to the ARFP due to the consumer access it will provide with "the estimated $14,000 billion in savings held by Japanese households”.

Progress now depends on these seven economies. They have all signed the Memorandum of Cooperation to ratify the agreement, and have now set aside 18 months to implement domestic legislation and regulation changes to “give effect to the Passport arrangements”. The Passport will be enacted when at least two economies commit to the arrangement.

Expansion of the ARFP initiative is likely. Chinese Taipei, Hong Kong, Indonesia, Malaysia and Vietnam have met with the pilot economies on a biannual basis since 2010 in order “to explore options”. It is an exciting development in regional integration that Indonesia is in the mix because currently “full distribution of offshore funds is not permissible” in Indonesia. This is also the case in China and India. Now that the consultation phase is complete, additional eligible economies can approach to become members. They are also able to propose revisions to the Passport arrangements, making them more likely to join the ARFP in the future.

The ARFP will deepen the capital markets of member economies whose participants will be able to attract finance for growth between each other and, later, possibly further afield. According to APEC, the Passport “could also facilitate funds from the Asia region being marketed in Europe through an Asian/European mutual recognition agreement.”

China and Hong Kong also have further integration plans. Launched on 1 July 2015, the China Hong Kong Mutual Recognition Scheme (CHKMRS) complements China’s 13th Five Year Plan (5YP) and lays “a foundation for the strengthening of financial and regulatory ties towards greater integration of the Asian asset management industry.” Same as the ARFP, the scheme will allow capital mobility and investment in managed funds in respective economies once the funds are qualified. Thus, it remains a question whether Hong Kong and the mainland will want to be officially involved in the ARFP in the future. Or perhaps the plan would be for Hong Kong to join as this would allow Chinese funds international market access, using Hong Kong as a pathway.

There is also the ASEAN Funds Passport. However, the drivers and initial participants of this initiative are already involved in the ARFP (Singapore, Thailand and Malaysia) so it is doubtful that the work will be duplicated.

Originally posted in 'Insights' by Young Australians in International Affairs by Cassandra Oaten, International Trade and Economy Fellow. 

This article can be republished with attribution under a Creative Commons Licence. Please email publications@youngausint.org.au with any questions or for more information.

Image credit: Nicolas Lannuzel (Flickr: Creative Commons)  

Expectations for the Trans-Pacific Partnership

To stimulate cross-border trade and economic growth, free-trade agreements (FTAs) are state-negotiated tools that can be pressed upon trading partners, enticing them to reduce protectionism. Utilising a unified and cooperative approach, trade liberalisation can achieve mutual gains, albeit for some economies more than others.

After seven years of negotiation, the Trans-Pacific Partnership (TPP) – an agreement between 12 APEC member economies (5 from the Americas - Canada, Chile, Mexico, Peru and the USA and 7 from Australasia - Australia, Brunei Darussalam, Japan, Malaysia, New Zealand, Singapore, and Vietnam) – has been finalised. Its content has been released to the public here, thanks to New Zealand. The agreement seeks to reduce trade barriers between member economies. Economic modeling has indicated varied estimated projections of GDP growth as a result of the deal for the economies involved. In 2012, the gains were valued at $26.6 trillion although, more recently, researchers have projected estimates down to nearly $300 billion in a decade or $285 billion by 2025, amongst others.

To protect investors and drive foreign direct investment through this opportunity, the TPP includes investor-state dispute settlement (ISDS) clauses. Investment is defined broadly under the TPP to include every asset, whether tangible or intangible, that an investor controls either “directly or indirectly, that has the characteristics of an investment”.

ISDS clauses provide foreign investors the right to sue states if the government adversely affects existing corporate investment through regulatory policy change. These clauses also safeguard investors from discrimination that they may receive in a foreign court, protecting them against bias and “insufficient legal remedies”.

To diminish taxpayer apprehension about these clauses, national foreign affair agencies have released summary documents which explain the “suite of mechanisms” included in the TPP to safeguard the state’s ability to regulate policy to protect the public and common good. It contains specific mention of the areas of health and the environment. But questions still remain if these safeguards will be strong enough to protect states from loophole-seeking corporations wanting compensation, or regulatory static, as states strengthen regulations in their established markets.

The aptitude of these safeguard provisions as witnessed in past agreements have had mixed results. The US-Central America Free Trade Agreement (CAFTA) and Peru-US Free Trade Agreement (PTPA) contained clauses with environmental safeguards. Even so, American firm Renco, a lead mining company, was still able to sue the Peruvian government when Peru introduced stricter standards to companies, requiring them to reduce their lead pollution during their production.

ISDS cases have not just taken place in emerging nations with weak legal institutions, but also in economies with robust systems. Argentina has faced 98 ISDS claims and, as a result of the North American Free Trade Agreement (NAFTA), Canada has faced 22 and the USA 15. It is likely that the strength of TPP ISDS provision safeguards to states will not be known until tested in the market - a highly expensive trial.

Although they are very expensive to prosecute against, safeguards have been successful in the past. These will hopefully deter future cases. Last month, Australia won an investor-state arbitration case between the state and tobacco company Phillip Morrison Asia (although with a $50 million taxpayer price tag for the proceedings). This case followed after Australia brought in plain packaging regulation to strengthen its tobacco control measures. Proceedings were initiated under an ISDS clause of a 1993 Hong Kong-Australia Bilateral Investment Treaty (BIT). The case has finally been dismissed as Australian prosecutors were able to prove that Philip Morris acquired “shares in Philip Morris Australia in early 2011 ‘in the full knowledge’ of the government’s decision in 2010 to introduce plain packaging.”

Public calls for government policy responses will continue to morph with changing public apprehensions, which may menace market environments for investors. Political change is now occurring at a rapid rate. One can see this astonishing pace - driven by a mix of political will and public pressure - in the rapid achievements of Uruguay. This South American country has been able to shift its high levels of imported oil (27% of energy needs in 2000) to produce 95% of its electricity needs from clean energy sources. With strong political leadership and policy stability, governments are able to change policy rapidly. Thus, there will be new areas of importance to public welfare that are not included in ISDS provision clauses in the current negotiated arrangement.

With these matters in mind, it is trusted that the current TPP has struck an appropriate balance between the government’s ability to legislate in the public interest, and investor protections to adequately promote investment and to increase international trade. It is hoped that the protections and safeguards put in place in the TPP will be able to disenfranchise companies from suing the state if acting unethically, solely their own economic interests. Time will tell.

Originally posted in 'Insights' by Young Australians in International Affairs by Cassandra Oaten, International Trade and Economy Fellow. 

This article can be republished with attribution under a Creative Commons Licence. Please email publications@youngausint.org.au with any questions or for more information.

Image: Leaders of TPP member states

Image Creidt: Gobierno de Chile (Wikimedia: Creative Commons).