Scams are now one of the most pervasive and costly threats facing Australian consumers and businesses, with increasing scrutiny of organisations’ processes to detect and respond to scams. In light of this, the Australian Government introduced the Scams Prevention Framework, a regulatory regime aimed at reducing scam-related harm by imposing obligations on a broad range of service providers — initially banks, telecommunications companies and certain digital platforms.
The Framework is a significant shift in regulatory expectations, requiring entities to take reasonable, steps to identify, disrupt and report scams, with oversight from regulators such as Australian Securities and Investments Commission, Australian Competition & Consumer Commission and Australian Communications and Media Authority.
Our multi-disciplinary team advises clients on how to respond to scams in this evolving landscape, providing strategic and practical guidance to help navigate compliance obligations and dispute resolution frameworks, and manage regulatory risk. We assist organisations in developing governance frameworks, operational controls and reporting systems that meet the expectations of regulators while aligning with the organisation’s specific risk profile and operating model.
We are closely tracking developments in the Framework including the draft rules, forthcoming sector-specific codes, and regulatory and industry consultations. We help clients assess their potential designation, prepare for implementation, and design systems that support defensible, risk-based reporting and dispute resolution.
We also have extensive experience advising on scams-related litigation and disputes and expect the volume of these matters to increase. Our team regularly supports clients in responding to compensation claims arising from scam activity, both through the courts and the Australian Financial Complaints Authority (AFCA).
We bring together a multidisciplinary team of regulatory, privacy, anti-money laundering and counter-terrorism financing (AML/CTF) and litigation specialists to help clients defend these claims, with advice that also addresses intersecting legal obligations across privacy, AML/CTF and financial services regulation.