Royal Commission

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UNSW Centre for Law Markets and Regulation response to Interim Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry

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The banking royal commission's most enduring legacy might be the cancer of too much caution throughout the financial services sector.

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Amid concerns about their quality of care, aged care providers are getting bigger or getting out.
 

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In choosing not to impose restrictions on bonuses and commissions, the government left untouched the incentives for inappropriate financial advice and lending decisions.

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While codes of conduct in banking may help, the tsunami of financial regulation over the past few decades has swept aside much of the sense of personal accountability.

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It seems ASIC and the Director of Public Prosecutions will have no lack of evidence to pursue civil penalties and criminal cases. The bigger issue is what charges to go with.

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The accomplishments of successful royal commissions flow not just from strong findings and recommendations but from intelligent procedure, writes Grant Hoole.

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We already have the evidence base to address the problems inherent in juvenile detention. What we need is the political will and leadership to implement the solutions, write Melanie Schwartz and Chris Cunneen.

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Giving cabinet documents to a royal commission creates a precedent that could do long-term harm to our system of government and create a cycle of tit-for-tat inquiries at enormous cost to the taxpayer, writes George Williams. 

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Royal commissions are shaped as much by the person who runs them as by the powers they wield, and the man named to lead the investigation into Australia's trade unions is a brilliant lawyer with a strong streak of independence, writes George Williams. 

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