Welcome to another edition of The OHL Wire! The New Year will see amended and new legislation implemented in Australia. This new legislation will affect Australians, just like yourself, on a daily basis. In Issue 18 of The OHL Wire will observe, explore and explain a number of these new laws to help you grasp and understand the magnitude of them. Furthermore, we will also explain the steps that must be taken straight after a car accident to reduce your liability. Secondly, we provide you with tips on how to avoid inheritance disputes and finally, discuss the impact of Uber being legalised in NSW. We will also give you a round-up of family events and things to do in Sydney this month.
The OHL Wire ISSUE #18: The Laws To Watch in 2016- Uber, GPS tracking and more
1. The new laws that come into
effect in 2016
February 2016
18
1
Tips for Avoiding Inheritance
Disputes
What to do after car
accident?
88page pagepage
LEGAL - WEALTH PROTECTION - INVESTMENT - BUSINESS - LIFESTYLE - SYDNEY
page 9
Uber is legal in NSW, what’s
nexr?
ISSUE
HEALTH
FAMILY
SUPERANNUATION AND TAXES
SENIOR HOUSING LAW
YOUNG AND STUDENTS
2016
2. The New Laws That Come
Into Effect In 2016
PAGE 1 OWEN HODGE LAWYERS
At Owen Hodge Lawyers, we want to wish you the best of the New Year for
2016. But, as always, the New Year brought new laws. Many of these will have
a significant financial impact on families with children, seniors, students and
those buying a first home, among others.
Smart planning and good decisions will require some appreciation of the new
lay of the land, especially where increased prices and decreased assistance
are in the offing. The following is a brief overview of what you need to know
this year.
NEWS
THE
HEALTH
FAMILY
SUPERANNUATION
ANDTAXESSENIORHOUSING
POSTAL
CHARGES
PASSPORT
CHANGES
OTHER
NSW
CHANGES
3. OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCES PAGE 2
HEALTH
Prescription costs will increase for many in 2016 for a number of reasons, including changes in
Pharmaceutical Benefit Scheme schedules.
Cost of Panadol Osteo to increase
GlaxoSmithKline, the maker of the popular
painkiller, increased the price of Panadol
Osteo by 50 per cent, as of the first of the
year, in reaction to the drug’s removal from
the PBS schedule. Pensioners now will pay
$12 per month for 192 tablets rather than
$6.10.
Seventeen older medications also
came off the PBS schedule.
Other drugs that are expected to become
more expensive include:
antacids (e.g. Gaviscon, Mylanta and Gastro-
gel), paracetamol (e.g. Panamax), iron tablets
(e.g. Ferro-Gradumet), aspirin, pain relief and
blood-thinning products, B12 injections,
hydrocortisone creams and ointments, folic
acid tablets (e.g. Megafol)
However, aspirin will be available prescrip-
tion-free.
The pensioners’ price rose to $6.20, in line
with inflation, on January 1, but pharmacists
now may sell a scrip for just $5.20.
Radiation therapy cancer treatments
will become less expensive when added
to Medicare.
4. PAGE 3 OWEN HODGE LAWYERS
FAMILY
Parents should be especially mindful of changes
affecting childcare rebates, subsidies, tax
supplements and paid parental leave.
Immunisations
Under the “No Jab, No Play” rules, children must be
up-to-date with their immunisations to qualify for
three benefits:
• the $200-a-week childcare benefit;
• the $7,500-a-year childcare rebate; and
• the $726 Family Tax Benefit A annual supplement.
The changes eliminate the conscientious - objector
exception but will permit parents to opt out when
there is a proven medical reason for not vaccinat-
ing. The combined childcare and welfare payments
at risk could amount to as much as $30,000 a year
for a family with two young children.
Nanny subsidy
The two-year Nanny Pilot Programme, which began
in January, will provide an hourly subsidy in support
of families who find it difficult to access childcare
services because they work non-standard hours,
live in remote areas or far away from existing child-
care.
For each child, qualifying families will receive a
percentage of the $7 hourly subsidy. Families
earning up to $60,000 are eligible for $5.95 per
hour per child and families earning between
$165,000 and $250,000 are eligible for $3.50 per
hour per child. The program is not intended to fully
subsidise the cost of a nanny, but is expected to
provide assistance in providing care for as many as
10,000 children.
Paid parental leave
New and expectant parents should keep a watchful
eye on unpopular changes scheduled to take effect
from 1 July, should they pass the Senate. The
Turnbull government is attempting to reconfigure
provisions that would prevent parents from using
the Commonwealth PPL Scheme if they can access
an employer scheme.
A compromise under discussion might give
all new mothers 18 weeks of paid parental
leave. If they have an employer
scheme covering them at full
wages for less than 18 weeks,
they will be able to claim
government benefits at the
minimum wage for the balance
of the period.
FAMILY
5. OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCES PAGE 4
Superannuation income calculations and the means test for Residential Care recipients are among the
changes affecting seniors.
Residential rental care changes.
Rental income also will be included in the aged care
means test for all new Residential Care recipients, and
some existing Residential Care recipients, after 1 January.
Previously, rental income from a Residential Care
recipient’s former principal home had been included
in the aged care means test only if the recipient made
lump sum accommodation payments.
It was not included if the recipient made periodic
accommodation payments or a combination of lump
sum and periodic payments. The net effect may be that
fewer qualify for aged care assistance.
SUPERANNUATION&
TAXES
New caps on superannuation income
A new 10% cap on income received from defined
benefit pensions will apply to Cetrelink's income
test. Centrelink previously had discounted up to
40% of a person's defined benefit income.
The government uses the income received
from these corporate and public sector plans
to determine eligibility for other entitlements.
Thus, the change will reduce the eligibility
of pensioners for income support payments,
the Low Income Health Care Card, and aged
care fees.
Many pensioners will see their payments drop.
Veterans’ affairs pensions and military defined
benefit income streams are not affected by the
change.
6. OWEN HODGE LAWYERSPAGE 5
SENIOR HOUSING LAWS
Section 10 of the Strata Schemes Development Bill 2015
reduced the percentage of apartment dwellers who
must consent to a collective sale.
Under prior law, such a decision was required to be
unanimous. When the changes go into effect later this
year, only 75 per cent of residents need agree. The
dissenting minority will be required to sell, regardless of
wishes to the contrary.
The law sets forth a detailed process for consideration of
buyout plans in an effort to ensure the process is trans-
parent and democratic. It also promises assistance for
those displaced.
Nonetheless, the change has alarmed seniors and their advocates who fear that pensioners and other
vulnerable residents will be forced out of their homes in the superheated Sydney property market.
YOUTH AND STUDENTS
Incentives to find work.
Early school leavers between the ages of 15 and 21
must meet an activity test requirement of 25 hours
per week until they either get a Year 12 or Certifi-
cate III qualification.
Student loan payments.
Individuals who have taken out Australian student
loans and now live overseas must pay for them the
same way as they would if they had remained in
Australia. Senator Simon Birmingham, the Minister
for Education and Training, has estimated that as
much as $30 million in repayment has been lost
annually from graduates who have moved over-
seas. As of the first of this year, those graduates
must notify the Australian Taxation Office to make
repayment arrangements.
Expiring discounts for university fees.
Currently, university students who opt to pay their
fees in advance may take advantage of a 10 per
cent discount. Those who opt instead to defer their
fees and sign up for a HECS-HELP loan also can
avail themselves of a back door discount, a 5 per
cent "bonus," which applies when they make
voluntary repayments of $500 or more.
7. OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCES PAGE 6
OTHER NSW CHANGES
Postal Changes
The cost of regular postage
stamps rose from 70 cents to
$1 on 4 January after Australia
Post received approval from
the Australian Competition
and Consumer Commission
for the price increase.
Passport Changes
From the beginning of January,
sixteen- and seventeen-year-olds
will be issued 10-year passports at
the increased cost of $254, the same
fee charged for an adult passport.
Reduced FHOG.
The amount of the First Home Owners Grant for
new homes will fall by a third, from $15,000 to
$10,000. For many, that all-important first
purchase may become more difficult.
Women’s safety.
A women's safety package,
including funding for programs
and the trial of GPS trackers for
domestic violence perpetrators,
is expected to be introduced
federally.
Medical cannabis trials.
NSW and Victoria will partner to conduct
clinical trials of medical cannabis, ahead
of planned legal access to locally manu-
factured medicinal cannabis products.
Medical cannabis is expected to be
available for use in the treatment of
children with chronic epilepsy, beginning
in 2017.
AUSTRALIA
JUL 2015
PALM
BEACH
8. OWEN HODGE LAWYERSPAGE 7
OTHER NSW CHANGES
Underquoting property sales prices
Underquoting occurs when an agent understates
the estimated selling price of a property, using
phrases such as “offers over,” or “offers above.”
Going forward, agents may not quote a selling
price less than the estimate provided to the seller
in the sales agreement. Furthermore, if a price
range is used, the highest price must not be more
than 10 per cent higher than the lowest price. Real
estate agents who underquote face losing their
commission and incurring fines of up to $22,000.
Bicycle laws
From 1 March 2016, cyclists over 18 must carry
photo ID. If they do not have a driver’s licence, they
can get a $51 NSW photo card.
In addition, motorists must maintain a one-metre
distance from a cyclist when passing at speeds of
60km/h or less and 1.5 metres at speeds over
60km/h. Failure to keep the minimum distance
when passing a bicycle rider will result in a $319
fine and a two demerit point penalty.
Under the new rules, bicycle riders also should
keep a metre’s distance from pedestrians on shared
paths, where possible.
Opal Cards
Say farewell to paper tickets
on trains, busses, ferries and
light rail. The only paper
tickets available are single
Adult and Concession tickets
and return Adult and Conces-
sion tickets.
.
9. What to Do
To ensure you make the right
choices for your health, your
vehicle and your finances after a
crash, you should take these
essential steps after a car accident
happens:
• Stop your vehicles. It is a crimi-
nal offence to fail to stop after a
crash, to fail to exchange contact
information with other involved
motorists or to fail to render aid. If
you leave the crash scene and
someone was seriously hurt, you
actually could be charged with an
indictable offence, which could
carry a lengthy jail sentence or
large fine.
• Remove vehicles from the road.
All those involved in the collision
and all bystanders should move
safely off the road and should try
moving vehicles out of the path of
oncoming traffic when possible.
• Assess if anyone is injured. If
anyone has been hurt, call 000 for
immediate medical assistance.
• Contact the police. Calling the
police is not required after every
accident, but is necessary for most
crashes. If property damage or
injury occurred, if the police are
needed to direct traffic, if alcohol or
drugs may have been involved or
if anyone involved fled the scene of
the accident, it is especially import-
ant to contact the police.
• Obtain details and evidence from
the crash. Get the contact details
and license information of other
drivers involved in the accident. Get
the contact information of witnesses
and take pictures of the area where
the crash happened and of the
damage to vehicles.
You also should be ready to deal
with insurers who will be making
decisions regarding coverage for
losses.
Avoiding inheritance disputes
begins during the estate planning
process. To help reduce the
chance conflicts will arise, it is
important to:
• Understand the top reasons for
disputes. Inheritance disputes
frequently arise when potential
beneficiaries believe assets were
not divided fairly; when sentimen-
tal items are divided; or when
there is confusion regarding the
wishes of the deceased. Conflicts
also arise regarding whether
assets such as a house should be
sold or how these assets should
be maintained.
• Provide clear instructions in an
up-to-date will. To ensure gifts
left behind for loved ones are a
positive legacy, rather than a
burden that leads to fighting,
create a comprehensive and
Tips for Avoiding Inheritance Disputes
detailed will. It is a good idea to
review the will periodically to
ensure all assets are addressed
and that instructions are clear.
• Communicate with family
during the estate planning
process. As you plan ahead for
your future and determine how to
distribute your assets, it may be a
good idea to talk with your loved
ones. While you don't want to put
yourself in a situation where you
are subject to undue pressure or
where you become embroiled in
conflicts about asset division, you
can have open discussions about
your wishes so your family is clear
on what decisions you made and
why you made them.
• Choose a capable and trust-
worthy executor. The executor is
the person who is actually in
charge of getting your will through
the probate process. Inheritance
disputes and conflicts can arise
when an executor is not trustworthy
and does not follow the proper
processes after a death occurs.
OHL Lawyers has helped many
clients to create an estate plan and
has provided assistance to execu-
tors and beneficiaries during the
probate process. Call today to
speak with a legal professional and
find out how we can help.
Straight After a Car Accident ?
OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCES PAGE 8
10. OWEN HODGE LAWYERSPAGE 9
trends
in
2016
On 17 December, the New South Wales cabinet signed off on a deal
to legalise ride-sharing services including Uber, Uber X and perhaps
others in the future.
For passengers
If you live and die by your phone, it’s nearly impossible to beat the
convenience of being able to summon and pay for your ride via
mobile app. Drivers must pass criminal background checks. The cars
themselves must pass safety inspections. Nonetheless, after a driver
was charged with raping a passenger in Vaucluse, some have
expressed safety concerns. In addition, Uber is not everywhere. Cars
will not be able to pick up hailing passengers from the street, taxi
ranks or at the Sydney Airport.
For taxi owners
Taxi plates are a major investment for owners, costing from $300,000
to $400,000. It’s a sobering statistic that in San Francisco, where Uber
originated, average cab business tumbled by 65 per cent. The trans-
fer value of a taxi license dropped by almost one quarter in the
month prior to the NSW decision to greenlight Uber. Taxi owners
have plenty of reasons to be nervous.
The deal worked out by the NSW government attempts to balance
the interests of passengers and taxi owners by creating a compensa-
tion package for plate holders.
This includes:
• a one-off payment of $20,000 to owners of licence plates;
• the repeal of more than 50 regulations that the industry regards as
burdensome;
• the creation of a $142 million fund for taxi licensees who face
hardship as a result of the changes; and
• a buyback scheme for perpetual hire-car licences.
For non-owner drivers
Taxi owners are not alone in feeling the squeeze. About 70 per cent
of taxi operators do not own a taxi licence but pay lease fees to the
owner or hold an annual licence. Under new regulations, drivers will
have to pay an authority fee of $45 and an annual registration fee of
$120 to $200. That may be too steep for most, who work for fewer
than 10 hours per week.
Some drivers may take advantage of the declining cost of a plate to
purchase for themselves. Others, fearing a decline in business, may
move to Uber instead.
Technologically driven disruption in the hire-car industry may be
good news for riders, but the industry still is processing the legal
and economic implications.
Uber is legal in NSW,
what’s next?
11. Sydney Chinese New Year Festival
6 February to 21 February
Sydney City, Haymarket NSW 2000
Morning Herald Growers Market
6 February
Sydney Metropolitan and Regional
NSW locations, Sydney NSW 2000
Bringing everything from fresh fruit
and vegetables to rare-breed pork
and seafood to Pyrmont Bay Park,
the Sydney Morning Herald Growers'
Market has been a tradition for the
last 14 years.
4 February to 7 February
19 Greenknowe Avenue. Potts Point
(02) 8065 7337
One of the hit shows from this year's
Hayes Theatre Co Cabaret season is
returning in 2016. Well known cabaret
artist Phil Scott teamed up with director
Terence O'Connell to create Reviewing
The Situation, a celebration of the life
of Lionel Bart.
What’s On in Sydney
Celebrate the Lunar New Year at City
of Sydney's Chinese New Year Festival.
This vibrant arts Festival has a program
bursting with cultural events, markets,
tours, exhibitions and entertainment,
most of them free.
The Reef - Sydney
12 February
City Recital Hall, Sydney NSW 2000
Luisa Miller - Opera
11 February to 29 February
Sydney Opera House, Sydney NSW
This rare and beautiful work of Verdi,
with its sumptuous and intimate score,
tells a thrilling story of love, intrigue
and poison. Luisa Miller is a woman in
love, but a woman in anguish, trapped
by a man she does not love and a
father who loves her too much.
Papunya Tjupi Arts 2016 Exhibition
10 February to 28 February
Incinerator Art Space, Willoughby NSW
0447 538 077
Originally only the men painted in
Papunya, the birthplace of the
Western desert dot-painting
movement. Now it is the women who
artistically thrive in this community.
Their remarkable works are receiving
widespread acclaim.
Australian Chamber Orchestra presents
an illuminating and thrilling celebration
of surfing, the ocean, landscape, film
and music melded together.The Reef
returns to Sydney for one night only
before embarking on its North American
tour.
The Color Run Night
20 February 2016
Mrs Macquaries Road, Sydney Harbour
thecolorrun.com.au
Cinema In The Park
19 February
Morrison Bay Park, Putney NSW 2112
www.ryde.nsw.gov.au/cinema
Cinema In The Park - City of Ryde's free
annual open air movie season, now in its
15th year. Come and enjoy Avengers 2:
'Age of Ultron', starring Aussie superhero
Chris Hemsworth.
Meatstock Festival
13 February to 14 February
Sydney Olympic Park NSW 2127
Website: www.meatstock.com.au
The two-day meat filled extravaganza
will feature bands, barbecues, beards,
butchers, bourbon, barbers, beer and
much more.
The Color Run, also known as the
Happiest Five Kilometres on the Planet,
is a unique paint race that celebrates
healthiness, happiness and individuality.
(02) 9265 9333
www.aco.com.au/reefsydney
Reviewing The Situation - Potts Point
(02) 9318 8200
OWEN HODGE LAWYERS - OVER 60 YEARS OF TRUSTED EXPERIENCE PAGE 10
12. INDIVIDUAL AND COMMERCIAL LAW SPECIALISTS
Enhancing the lives of our clients by providing
acquisition of wealth, protection and management
of assets and the transfer of wealth throughout
generations.
CALL
1800 770 780
VIEW
www.owenhodge.com.au
VISIT
Level 3, 171 Clarence Street, Sydney NSW 2000
Level 2, 12-14 Ormonde Parade, Hurstville nsw 2220