Australia’s Scams Prevention Framework: what it changes, and how executors and families can protect money and identity

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Australia’s Scams Prevention Framework: what it changes, and how executors and families can protect money and identity

Scams are no longer just annoying phone calls. They are now sophisticated, cross-channel attacks that can involve impersonation, social engineering, spoofed numbers, deepfakes, and rapid money movement through bank transfers.

Australia’s response includes a new Scams Prevention Framework, which creates enforceable obligations for key sectors that scammers use, with strong penalties for non-compliance. 

This article explains what the framework is, what it changes in practice, and the practical steps older Australians, families, and executors can take to reduce loss and reduce estate administration problems.

Jurisdiction

Applicable to all states and territories

The Scams Prevention Framework is Commonwealth legislation and applies nationally. It is implemented through amendments to the Competition and Consumer Act 2010 and related arrangements. 

State and territory aspects that still matter

Your estate planning documents that support decision-making and estate administration are state and territory based (for example, Wills, powers of attorney, and health decision-maker documents). The scam prevention rules are national, but your authority to act for someone else (while they are alive or after they die) still depends on state-based instruments and court grants.

What the Scams Prevention Framework is

The framework sets consistent, enforceable obligations for businesses in key sectors where scammers operate, intended to prevent, detect, disrupt, respond to and report scams. 

It is overseen with ACCC enforcement and investigation powers, and penalties can be significant, including fines up to $50 million for businesses that do not meet their obligations. 

Implementation continues to evolve. Treasury has run further consultation on draft instruments and rules to implement the framework and associated industry codes. 

What changes for everyday Australians

The practical intent is that banks, telcos and certain digital platforms must take more responsibility for preventing and disrupting scam activity connected with their services, rather than leaving all risk with the consumer. 

This does not mean scams disappear, or that every scam loss will be reimbursed. It means there are clearer expectations and enforcement tools across sectors that commonly sit in the scam chain.

Why this matters for estate planning and executors

Scams and identity compromise create estate administration problems that are often overlooked:

  • money is moved quickly out of accounts, creating urgent tracing and dispute issues
  • new debts are created in the person’s name (including credit products and buy-now-pay-later)
  • account access is compromised, which can delay a family’s ability to stabilise finances
  • executors spend months untangling direct debits, fraudulent transactions, and identity misuse

The National Anti-Scam Centre explains it brings together government, law enforcement and the private sector to disrupt scams and acts on trends from shared data. That helps, but families still need a practical plan. 

A practical scam-proofing checklist for older Australians and families

Step 1: Reduce the “single point of failure”

Most large losses happen when a scammer gains control of one key asset: the mobile number, email, or online banking.

Practical steps:

  • move important accounts to a dedicated email address used only for banking and government services
  • protect the email account with strong authentication and recovery options
  • ensure phone number ownership is stable (avoid numbers tied to a service that could be cancelled without notice)

Step 2: Make “stop and check” a family rule

Scamwatch’s consumer guidance emphasises recognising scam warning signs and acting quickly when scammed. 

A practical household policy:

  • no one transfers money, buys gift cards, or shares codes during a call
  • all urgent requests are verified using a separately sourced contact number
  • any request involving remote access software is treated as a red flag

Step 3: Set account alerts and limits

Where your bank allows:

  • enable transaction alerts
  • set daily transfer limits that reflect real needs, not maximum convenience
  • consider a second-person confirmation process for large transfers, if available

Step 4: Keep an “authority pack” ready

When something goes wrong, time matters. Keep a folder with:

  • copies of key identity documents
  • bank contact details
  • a short list of primary accounts and services
  • where the Will is stored and who the executor is
  • the relevant power of attorney details (for incapacity situations)

This pack reduces response time if there is a scam event, and it reduces delays if capacity is lost.

A practical checklist for executors dealing with scams during estate administration

Step 1: Report and triage immediately

If a scam is suspected or confirmed, report it through Scamwatch’s report a scam process, which feeds into the National Anti-Scam Centre’s intelligence. 

Separately, contact the relevant bank(s) and service providers and ask for their scam/fraud team.

Step 2: Stabilise accounts and stop the money leaks

  • cancel cards and reset credentials
  • stop or review direct debits
  • set flags on accounts where possible
  • monitor for new accounts or credit products opened in the deceased’s name

Step 3: Document everything

Maintain a single log of:

  • dates and times
  • reference numbers
  • names of bank staff (where provided)
  • transaction IDs
  • copies of reports submitted

This record helps with bank processes, complaints pathways, and any recovery efforts.

Step 4: Align actions with your authority

Executors generally act after death, and attorneys act during life (while capacity is impaired). Make sure you are acting under the correct authority at the correct time. If you are unsure, obtain advice before taking irreversible steps.

Where to go next inside LifeDocs

The Scams Prevention Framework is national, but the practical protections for families often start with getting core documents and checklists in order.

Use these LifeDocs resources:

Where to get official scam help and current guidance

For up-to-date scam alerts and practical reporting pathways, use Scamwatch and the National Anti-Scam Centre. 

For the policy and implementation detail of the Scams Prevention Framework, Treasury consultation pages and ACCC updates provide the best reference points. 

Disclaimer

This article provides general information only and does not consider your circumstances. Scam response steps, reimbursement outcomes, and complaint pathways depend on facts, providers, and timing. Estate planning documents and authority to act are governed by state and territory law.

Read More

From LifeDocs:

From Others:

  • Treasury: Scams Prevention Framework publication page. Treasury
  • ACCC: media release on passage of scams prevention laws and penalties. ACCC
  • Treasury: consultation on draft law package and position paper (implementation detail). Consult hub
  • Scamwatch: report a scam. Scamwatch
  • National Anti-Scam Centre: overview and contact guidance. National Anti-Scam Centre

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