The Australian Bar Association has welcomed in the 2017 law term with the announcement of the association’s new President, Will Alstergren QC and new CEO, Cindy Penrose.

In announcing the new appointments, the ABA acknowledged the work of 2016 President, Patrick O’Sullivan QC, referencing his tireless efforts and energy invested into advocating for legislation changes to help reduce the nation’s Indigenous incarceration rates.

“Patrick’s work over the past year demonstrates his passion to assist those in our legal system who are most in need. He has been committed to right the social injustice that is the level of Indigenous incarceration, and it is a great testament to him that the Commonwealth Attorney General invited the ABA to partner with the government in the settlement of the Terms of Reference for the upcoming ALRC examination into Indigenous incarceration,” said 2017 ABA President Will Alstergren QC.

In accepting his appointment as ABA President for 2017, Mr Alstergren QC said, “It is a great honour and privilege to represent such a uniquely independent body as the Australian Bar Association. I hope to continue Patrick O’Sullivan’s great work to further promote the availability and quality of Australian barristers, and to act as respected voice of reason and advocate for the wider community.”

Mr Alstergren QC confirmed his plans to continue the ABA’s focus on alternative practical solutions to the challenges presented by the country’s legal assistance budget.

“Australia’s legal assistance services are increasingly under-resourced leaving thousands of Australians without adequate access to quality legal advice and assistance. Of course we need to be looking at ways to increase the funding of legal assistance, but we should also look at how we can deliver justice differently and more efficiently through better use of alternative dispute resolution,” said Mr Alstergren QC.

Mr Alstergren also highlighted his commitment to members to better educate corporate counsel and law firms about the need to have barristers briefed more effectively and earlier in litigation to help clarify the management of the entire dispute resolution process, empower clients to make informed decisions, and potentially reduce overall legal fees.

The ABA has also thanked Philip Selth OAM for his work as the Association’s CEO for the period 2015-2017 and has announced the appointment of Cindy Penrose as the ABA’s new CEO.

ABA President, Will Alstergren QC said Ms Penrose ‘brings a wealth of experience to the ABA at this important stage of its development, and I am confident she will make a significant contribution to the role’.

As the first female CEO of the ABA, Ms Penrose comes with extensive experience both as a criminal lawyer and lecturer, as well as serving the NSW Bar Association as its Senior Policy Lawyer for five years. Ms Penrose holds a master’s degree in law and currently sits on the board of the Tristan Jepson Foundation.

The 2017 ABA Council – www.austbar.asn.au/about-the-aba/aba-council

• President - William Alstergren QC
  
• Past Chairman (2014), The Victorian Bar
  
• Vice-President - Christopher Hughes QC
  
• President, Bar Association of Queensland
  
• Vice-President – Noel Hutley SC
  
• President, New South Wales Bar Association
  
• Treasurer - Matthew Howard SC
  
• President, Western Australian Bar Association
  
• CV – Will Alstergren QC
  

Mr Alstergren QC is based in Victoria and has an extensive practice in the Supreme and Federal Courts. He has advised on large commercial matters and is often brought in to lead in specialist areas including company law, trusts, industrial, tax, intellectual property, construction and large complex disputes (including ASIC matters).

Mr Alstergren is a founding member of the committee to set up the Melbourne Arbitration Centre and is a current board member of the Australian Centre for International Arbitration in Sydney.

Will was the founder of the Victorian Bar's Duty Barristers Scheme and won the Victorian Bar's Pro Bono Award in 2012. He is currently completing a PhD in this area. He is a former Chairman of the Victorian Bar Council is also Vice President of the Victorian Olympic Council.

He has also conducted substantial Inquiries for the Royal Australian Navy and is a serving member of the Navy Reserve Legal Panel (Lieutenant Commander).

This Media Release was originally sourced from ABA. 

The Prime Minister’s statement yesterday that there will be no changes to Capital Gains Tax (CGT) on

housing has the full support of the residential building industry, says the Housing Industry Association (HIA).

“New housing is one of the most highly taxed commodities in the Australian economy,” said HIA Deputy Managing Director, Graham Wolfe.

“In the lead up to last year’s election there were a range of proposals from reducing CGT on investment properties to applying the tax on the family home. Yesterday’s categorical statement by the government provides continued certainty to the industry and to investors.”

“The housing industry has opposed changes to the way capital gains are currently treated on investment properties. It would mean investors pay even more tax,” said Mr Wolfe.

“Right now, around two dollars out of every five that an individual pays for a new home is tax.

“Buyers pay those taxes. And then they pay taxes on the taxes. They pay stamp duty on top of taxes, including the GST. And when they eventually sell the property, if they make any money, they pay tax on that.

“Housing cannot be asked to pay even more taxes. It would simply have the opposite effect.

“When it comes to improving housing affordability, the focus should be on increasing supply year on year. This won’t happen by removing the incentives to build new homes and placing pressure on existing housing prices to meet demand,” said Mr Wolfe.

This Media Release was originally sourced from HIA. 

The AMA has welcomed the appointment of Professor Julie Quinlivan as the Director of the Professional Services Review (PSR).

AMA President, Dr Michael Gannon, said that Professor Quinlivan is an experienced and respected medical practitioner, with considerable leadership experience in medical practice, education, and policy.

“The AMA looks forward to working with Professor Quinlivan and the Professional Services Review to ensure that both Medicare and the Pharmaceutical Benefits Scheme continue to deliver quality, cost-effective health services and pharmaceuticals to the Australian community,” Dr Gannon said.

“Her experience and high standing in the medical community will ensure that the PSR continues to safeguard the health of Australians.

“The AMA thanks outgoing PSR Director, Dr Bill Coote, and acting Director, Dr David Rankin, for their service, and wishes them well in their future careers.”

Professor Quinlivan’s three-year term begins on 13 February 2017.

This article was originally sourced from AMA. 

The SMSF Association is pleased to announce that John Maroney has been appointed Chief Executive Officer, effective from May 2017.

He succeeds Andrea Slattery, who has been the sole CEO since the Association was established in 2003, and, more recently, Managing Director.

Slattery has decided to step down in order to explore opportunities to further her professional career as a non-executive Director. She currently has a number of directorships, including but not limited to an ASX-listed company, with the aim of building her portfolio of Board Directorships, as well as senior advisory roles. She will remain a non-executive Director of the Association.

Slattery says: “The Association is recognised as the pre-eminent organisation in the SMSF community by government, regulators, educators and the industry – a tribute to our hard work over the past 14 years.

“Both the growth of our superannuation sector, its leadership in advocating dignified retirement and national prosperity as well as its integrity, are testimony to what has been achieved, making this an ideal time to pass the baton to John for the next growth phase for the SMSF sector and the Association.”

Maroney, who is a Fellow of the Actuaries Institute and has a Bachelor of Arts (Actuarial Studies) from Macquarie University, is Head of Capital and Solvency at the International Association of Insurance Supervisors (IAIS), based in Basel, Switzerland. He brings diverse experience as a senior executive to the role, having worked as the Australian Government Actuary, in the private sector (including building his own financial services consultancy), and industry and professional associations in Australia and overseas.

Speaking on behalf of the Board, Association Chairman Andrew Gale says: “John is the ideal person for the position. As CEO of the Actuaries Institute (2006-09), he played a significant leadership and advocacy role, with a particular focus on lifting educational standards and building the profession, as well as driving membership growth and developing partnerships with universities.

“He was also Executive Director of the Life Investment and Superannuation Association (LISA), which was the primary predecessor organisation to the Financial Services Council, and so has highly relevant industry association experience.

“He also has an excellent track record in building formal and informal relationships, with his current role at IAIS requiring him to deal with most global insurance regulators and many of the largest globally active insurers. When coupled with his work at the Actuaries Institute and LISA, it means he has strong advocacy and leadership skills that the Association needs for its ongoing dealings with government and regulators, particularly as we develop the drawdown and retirement phase of the superannuation system.”

Gale says John is aware that he is stepping into very large shoes as Andrea has been the driving force behind the Association for the past 14 years.

“The Association and its members, SMSF trustees, the self-managed super fund sector and the superannuation industry all owe Andrea a great debt of gratitude for her tireless work over the years.

“She has brought commitment, enthusiasm, experience and knowledge to the task, and can look back with enormous pride on an enviable record in terms of what she has achieved for the SMSF sector. With this legacy, the Board is delighted that Andrea is continuing as a non-executive Director.

Maroney says: “I am excited to join the Association. Under Andrea’s leadership, it has attracted a deserved reputation for its leadership role in the SMSF and financial services sectors, whether it be policy advocacy work, lifting educational standards or building a new profession. I have always been passionate about Australia’s superannuation and retirement income system and this position gives me the opportunity to focus on issues and concerns of millions of Australians.

“Having worked for several not-for-profit member organisations, I appreciate the need to diligently serve the membership, as well as appreciate the importance of industry integrity issues. I will continue to build on the strong foundations Andrea has established in both areas.

“I also bring my knowledge of the small business sector, having established a consultancy in the financial services space. I am aware of many of the issues our members face, and I look forward to engaging with specialists and trustees in the most dynamic superannuation sector.”

Slattery says that working for the Association has been a privilege and an honour. “In 2003, when the Association was established, there were 262,000 funds and funds under management (FUM) were $109 billion. Today, it is the largest superannuation sector in terms of FUM ($636 billion), has about 1.1 million members and boasts more than 581,000 funds.

“The Association has grown in parallel with the SMSF sector, nurturing the emergence of the SMSF specialist to service the 1.1 million members across a wide range of professional services relevant to superannuation.

“It’s a legacy in which I take great pride, acknowledging it has only been possible to achieve this in partnership with the Association’s Board, its members and my wonderful team and industry volunteers.

“Finally, I would like to put on record my genuine appreciation of the many government ministers, shadow ministers, public servants, regulators, industry peers and stakeholder communities I have worked with over the journey.

“They have always been receptive to our advocacy, policy and regulatory initiatives and solutions, understanding that the SMSF sector plays a critical role in helping Australians have a secure and dignified retirement as well as an important part in our national prosperity.”

This article was originally sourced from SMSF. 

Following closely in the wake of the ADA's advocacy win on CDBS, which saw the cap restored to $1000, the Association has now succeeded in widening the scope of the newly-announced National Rural Health Commissioner to include both dental health and dental workforce.

Established as part of Government reforms to regional and rural health in Australia, this newly-created position is intended to act as an independent, high-profile advocate for health issues in remote, rural and regional areas.

When it emerged that the National Rural Health Commissioner's position would cover nursing, indigenous health, mental health, midwifery and allied health need, but not dentistry, the ADA moved quickly to ensure that the important role dental health plays in the maintenance of overall good health would be acknowledged on this list.

In addition, the issue of dental workforce was also given due consideration, a critical inclusion given the difficulties in attracting and retaining dental staff in rural and remote areas.

At the Rural Stakeholder Roundtable meeting with the Assistant Health Minister, Dr David Gillespie, the ADA's representative Deputy CEO Eithne Irving made the case for dentistry to fall into the purview of the new Commissioner, an argument which was accepted and saw the scope of the position's responsibilities expanded to include the full scope of health issues in these areas.

This article was originally sourced from ADA.

The Chairman of the Australian Bankers’ Association, Andrew Thorburn, today announced the appointment of Anna Bligh to lead the ABA as it continues its work to strengthen trust and confidence in banking and deliver better outcomes for customers.

“We are excited to appoint Anna as Chief Executive Officer at such a pivotal time for our industry,” Mr Thorburn said.

“Anna’s focus will firmly be on the culture within banking and lifting respect for our profession; creating a strong vision for customers and on how our industry responds and leads on regulatory reform.

“As I’ve met with Anna I’ve seen the leadership, values and accountability she will bring to the role – and a willingness to confront and challenge the industry to continually improve.

“Anna has a track record of community service and a strong ability to connect with people. She is highly regarded and respected by community, political and business leaders and understands the need for all stakeholders to work together to deliver the best outcome for customers.”

Mr Thorburn added: “Australia has a world-class banking system and there is more we can do to be better for customers and demonstrate the role banks play for them, the broader community and the Australian economy.

“We have also heard the message from customers and from the public, and the industry is serious about change. The appointment of Anna demonstrates our commitment to this.”

Ms Bligh has more than 30 years’ experience in public service, initially with community organisations, before entering the Queensland Parliament in 1995. She held ministerial responsibilities for a number of portfolios including Education and Finance, and served as Treasurer and Deputy Premier before becoming Premier from 2007-2012.

She holds Honorary Doctorates from the University of Queensland and Griffith University and the National Emergency Services Medal for her service during the Queensland floods in 2011. Ms Bligh was awarded a Companion of the Order of Australia (AC) in the Australia Day honours in 2017.

Ms Bligh is currently the Chief Executive Officer at YWCA New South Wales, a role she has held for the past three years. During that time she has worked with vulnerable and financially disadvantaged Australians.

Ms Bligh said: “Our banks are critical to the strength and stability of our national economy and the prosperity and well-being of every Australian. We all rely on our bank for the most important financial decisions of our lives, so we want a system that is open, fair and trustworthy.

“I am excited by this opportunity to lead and shape the reforms needed to strengthen public trust and confidence in our banking system.”

Ms Bligh, who becomes the ABA’s first female CEO, will commence in the role on 3 April. She replaces Steven Münchenberg, who announced in October last year that he was stepping down after almost seven years as CEO.

Mr Münchenberg will finish with the ABA on 14 April, to enable a transition to Ms Bligh.

“On behalf of the membership and Council of the ABA, I want to thank Steven for his commitment and strong leadership as the industry navigated through a rapidly changing political, regulatory and economic environment following the global financial crisis,” Mr Thorburn said.

“Steven is a total professional who has worked tirelessly during what have been challenging times for our industry. We have a stronger foundation to build on thanks to Steven and his team.”

This article was originally sourced from Australian Bankers Association. 

Working from home may not be so great after all.

People who use smartphones, laptops and other devices to regularly work from home experience higher levels of stress, isolation and even insomnia, according to a United Nations study, which warns there is a dark side to the communication revolution.

The report, 'Working anytime, anywhere: The effects on the world of work', looked at the experiences of workers in 15 countries, including the US, UK, Japan, India, Brazil, Argentina, Belgium, Finland, France, Germany, Hungary, Italy, the Netherlands, Spain and Sweden.

It found 41 per cent of "highly mobile" employees reported high levels of stress, compared to just 25 per cent of those who always worked at their employer's premises.

And 42 per cent of both regular home-based workers and highly mobile employees reported waking up repeatedly during the night, compared with only 29 per cent of office workers.

"Regular home-based teleworkers tend to be more likely to report sleeping problems in general, when compared to those always work at the employer's premises," the report said.

For highly mobile and those who occasionally worked from home, sleep problems were related to higher levels of work intensity. "Both sleeping disorders and experiencing stress at work for long periods of time can have a negative effect on the health of employees," the report said.

But it warned the association between mobile work and occupational health was "ambiguous", because while highly mobile workers were more likely to report that their work negatively affected their health, "when controlling for job intensity this association disappears".

In other words, it seems that people who are most likely to work from home are in naturally stressful jobs anyway. The report found work from home done "occasionally" actually seemed to have a "rather positive influence on reported health".

Jon Messenger, co-author of the report, said the use of modern communication technology "facilitates a better overall work-life balance", but on the downside "blurs the boundaries between work and personal life, depending on the place of work and the characteristics of different occupations".

The positive effects of mobile work were also highlighted, including greater autonomy on working time and better workday organisation, and reduced commuting time resulting in a better overall work-life balance, and higher productivity.

According to the report, incidence of mobile working was most common in Finland, Japan, the Netherlands, Sweden and the US.

Global Workplace Analytics president Kate Lister, who participated in the US portion of the study, said working from home wasn't the problem - but instead it was not knowing when to stop.

"We love the ability to work everywhere and anywhere, but it has a dark side. Some employers are beginning to recognise this and enforce downtime," she told Fox News.

The report found distinct differences between home-based teleworkers, who seem to enjoy better work-life balance, and highly mobile workers who were more at risk of negative health and wellbeing outcomes.

Mr Messenger said isolation could lead to burnout for remote workers, and the survey found that there was a "sweet spot" of working two or three days a week from home.

"This type of 'partial' or 'part-time' teleworking appears to maximise the benefits of telework/ICT-mobile work for both employees and employers, in terms of work-life balance and productivity, while avoiding potential downsides such as isolation by helping workers to maintain ties with their co-workers and with the company," he said.

The report found people teleworking had a tendency to work longer hours and had higher levels of stress as a result of overlapping paid work and personal life.

It said the need to separate the two would become more pressing as mobile technologies improve. Earlier this year, France introduced legislation giving workers the "right to disconnect", with Germany exploring similar options.

In Australia, some companies have explored the 20-hour work week, where Mondays and Fridays are spent out of the office, while others have clamped down on email usage.

This article was originally sourced from NZ Herald and written by Frank Chung.

A reassessment of mental health services from the ground up is needed as providers are struggling to keep up with increasing demand, the New Zealand Association of Counsellors says.

New Zealand Association of Counsellors (NZAC) national president Bev Weber said the situation in Nelson-Marlborough reflected what was happening around the country, with mental health patients experiencing a delay in treatment as providers struggled to meet demand.

She said reassessing New Zealand's mental health services could help to alleviate the pressure.

"Nelson Bays Primary Health saw 752 people in the first six months of last year, but are only funded for 712 for the whole year," she said.

"What happens for the rest of the year? How do we help more people with the same amount of funding?

The association represents about 2800 counsellors around the country and often saw people struggling with mild to moderate mental health issues.

Weber said she had worked as a counsellor to deliver "packages of care" through the brief intervention service, which involved between three and five counselling sessions and that gave people the opportunity to talk through how they were feeling.

"Sometimes that can be enough, sometimes that person needs to be referred onto secondary services."

Nelson Bays Primary Health acting general manager of health services Karen Winton said short term intervention had been well researched as being very valid and therapeutic.

"Early intervention is key and that if funding goes to that there will be less pressure on the secondary services in the long run."

Weber said she knew of a medical centre in Auckland that was funding a counsellor for patients to see and she thought it was something that could work in other regions.

"That would be amazing if some of the medical centres could put their hand in their pocket and say, 'OK we will employ a counsellor here, two days a week'. It wouldn't cost the patient anything."

It was a solution that was on the ground, in the community where people were struggling.

According to the World Health Organisation, depression will be the leading cause of the global burden of disease by 2030.

Weber said the NZAC supported Nelson Marlborough Health's decision to allocate additional funding to the existing primary mental health initiative, which refers people to contracted providers for counselling and therapy.

"It's encouraging to see their commitment to continue to invest in more services to promote early intervention."

The additional funding would also be used for the brief intervention service which provides counselling support for those with mild to moderate mental health issues.

Weber said it was a good start, but more needed to be done.

"The situation in the Nelson Marlborough region is just a small piece of the larger picture; implementing proper resources nationwide will save us trouble in the long term."

This article was originally sourced from Stuff.co and written by Samantha Gee. 

Along with protecting the association from financial downturns and funding new initiatives, creating—and adhering to—a detailed reserves policy will help you manage board and staff expectations.

Finances are one of the top sources of stress in a marriage, according to the American Psychological Association’s Stress in America Survey. It’s easy to see why. Picture this: One spouse is a saver, dreaming of the perfect house or a blissful retirement, while the other is a spender, dipping into the savings account for that next-generation phone or car. With such opposing mindsets, it’s no wonder stress and conflict arise.

Association finance isn’t all that different from personal finance. On one hand, you have the finance department, which is in the weeds of budgeting, forecasting, and accounting for every cent. And then you have the rest of the staff and board, which are likely filled with great ideas to spend those dollars on behalf of its members. It’s another situation ripe for disagreement.

An association needs smart savers and smart spenders, and a clear, written reserve policy can help keep everyone on the same page. Pun intended. A documented, approved, and regularly reviewed policy not only allows the association’s leader, board, and staff to get on the same wavelength, but it can also help prevent conflict that arises over revenue allocation.

“I don’t think there’s a specific policy [that cuts across all associations], but there are some definite components that anybody writing a reserve policy would want to make sure are included,” says Elaine Lynch, deputy executive director and CFO at the American Anthropological Association.

Here are some of those components:

Define your reserves. Different finance departments will define reserves differently. For example, GrantThonton defines reserves as “a discrete subset of its liquid net assets.” AAA defines its reserves as unrestricted cash investments; in other words, those funds that aren’t earmarked for any other purpose.

Determine the purpose of your reserves. The purpose of a reserve policy is to elaborate on the definition and give specific goals. AAA’s policy includes the following:

• To provide sufficient assets to help carry out the mission of the association
  
• To provide funds for unforeseen contingencies due to unpredictable economics turns in the association’s financial status
  
• To cushion the association during dips in the cyclical variation of its circumstances
  
• To fund strategic initiatives
  

Calculate your reserve fund target. Most finance experts will tell you that there’s no one-size-fits-all yardstick when it comes to how robust your reserves are. In fact, the Nonprofit Finance Fund released a 2015 State of the Sector report, revealing that only 23 percent of surveyed respondents had more than six months of cash in reserve. The majority had less than three months in reserve, and 12 percent had less than 30 days saved for the proverbial rainy day.

But it’s important to base your reserve fund target off some association-specific metrics, including a long-term financial forecast and an analysis of potential risks. AAA decided to create a reserve fund target range, with a minimum of 100 percent of the association’s annual operating budget and a maximum set at 200 percent.

Create criteria for allocation. Once you’ve calculated your target amount of reserves, you’ll want to determine how it can be allocated. For example, what portion, and under what specific circumstances, can the reserve fund be dipped into—and allocated toward specific projects? At AAA, Lynch says that the reserves might fund a strategic initiative, but those are considered strategic investment loans and must include a payback plan and must not exceed 25 percent of the market value of the reserve.

By creating a policy with these components and getting it approved by the board, everyone is on the same page and if conflict arises, you can say, “Sorry. Refer to the policy.”

This article was originally sourced from Associations Now and written by Emily Bratcher.

For the ninth consecutive year, Marketing General Incorporated (MGI) is conducting its in-depth research to benchmark the practices used by associations in recruiting, engaging, and renewing members. Similar to last year’s research, we have incorporated many questions that previous participants have submitted and have reintroduced topics that are still of considerable interest in an effort to ensure that this report provides you with the most relevant information.

Please take some time now to complete this questionnaire about how your association manages membership marketing. All individual responses to this research will be kept strictly confidential. No specific responses will be attributed to any individual or association without your express written consent.

To thank you for participating, MGI will provide you with a copy of our final printed report. The 2017 Membership Marketing Benchmarking Report will provide valuable findings based on results from this year’s research.

To begin this survey, please click here.