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Weekly Financial Services Regulatory Update: March 28 - April 3, 2025

Written by ARdata | Apr 3, 2025 12:48:24 AM

Introduction

 

As Australia approaches the federal election, the financial services landscape continues to face intense regulatory scrutiny and policy debate. This week saw major developments in superannuation regulation, with ASIC's scathing report on death benefit claims handling practices sending shockwaves through the industry. Meanwhile, the Compensation Scheme of Last Resort (CSLR) sustainability concerns have escalated, with Minister Jones acknowledging structural issues. The Reserve Bank's newly constituted board made its first cash rate decision amid growing geopolitical uncertainties, while the Productivity Commission highlighted long-term economic challenges that will impact the financial services sector. With the federal budget delivered and election campaigns intensifying, stakeholders must prepare for potential regulatory shifts regardless of which party forms government.

 

Industry Updates

 

Regulatory Developments

 

ASIC has delivered a damning report on superannuation death benefit claims handling, finding that not one trustee among those reviewed tracked end-to-end handling times. The regulator identified serious systemic failures, including instances where trustees continued charging fees to deceased members' accounts. ASIC has issued a comprehensive list of required actions for the industry, demanding significant improvements to claims processes and member communications.

In a joint statement, ASIC and the RBA have expressed "deep concerns" with the ASX's operational risk management, particularly regarding the replacement of the CHESS clearing and settlement system. Parliament has been told to "end the chaos" surrounding these issues, with regulators demanding immediate action to address the deficiencies.

ASIC has also released new sustainability reporting guidelines and standards for virtual AGMs, while announcing the expiry of relief for business introduction and matching services. Additionally, the regulator has banned a Queensland financial adviser for five years following best interests duty failures.

 

Economic Updates

 

The RBA's newly formatted board has made its first cash rate decision, maintaining current settings while expressing concerns over geopolitical uncertainties that could impact Australia's economic outlook. The central bank, along with APRA, has also released a joint statement on the use of overnight standing facilities, providing guidance on liquidity management.

Treasurer Jim Chalmers has delivered the 2025-26 federal budget, which advisers have criticised for its lack of substantive measures for the financial advice sector. Meanwhile, the Productivity Commission has reported that Australia's productivity problem represents a concerning long-term trend, which will have significant implications for retirement savings and financial planning.

 

Legislative & Political Updates

 

With the election approaching, Opposition Leader Peter Dutton has doubled down on the Coalition's policy to allow superannuation for housing deposits, while also pledging to implement advice reforms within 100 days of winning office. This comes as financial advisers brace for potential regulatory upheaval following the election.

Financial Services Minister Stephen Jones has clarified the scope of the new class of adviser reforms, confirming that the policy intent will not change post-election if Labor retains government. The Minister has also acknowledged that the CSLR in its current form is "unsustainable", but insisted the review is not a mechanism to expand its scope.

The Treasury has opened several important consultations, including on draft regulations relating to fee cap calculation methodology and reforms to governance arrangements for superannuation trustees.

 

Industry Responses

 

The Australian Financial Complaints Authority (AFCA) has attributed the CSLR funding blowout to "flawed business models" in parts of the financial services industry. Meanwhile, industry participants have lamented that "only so much meat is left on the adviser bone" to fund the scheme, with superannuation funds arguing against their inclusion in any expanded funding model.

In response to ASIC's death benefit claims handling report, super funds have been left to determine how to fund improved services, with industry experts noting a significant disconnect between trustees' self-assessments and actual performance.

On a positive note, ASIC has expressed satisfaction with the industry's reassessment of private credit investments, while taking a measured approach to potential intervention in private markets.

Okay, here's an analysis of the provided regulatory update, focusing on the key insights and potential future events, with an emphasis on the regulatory landscape:

 

Key Insights 

 

  • Superannuation Under Scrutiny: ASIC's report on death benefit claims handling reveals significant systemic failures within superannuation trustees. This highlights a broader issue of accountability and member protection within the superannuation industry. The requirement for trustees to improve their processes and communication indicates that the regulator is taking a more active role in ensuring superannuation funds meet their obligations to members. This scrutiny could lead to further regulatory interventions and increased compliance costs for superannuation funds.

  • CSLR Sustainability Concerns: The acknowledgment by Minister Jones that the Compensation Scheme of Last Resort (CSLR) is "unsustainable" points to fundamental flaws in the design or funding of the scheme. The debate about who should fund the CSLR, with superannuation funds resisting inclusion, underscores the tension between different sectors of the financial services industry regarding responsibility for compensating consumers of failed financial firms. This issue has the potential to create further divisions within the industry and may require legislative changes to ensure the scheme's viability.

  • Regulatory Focus on Operational Risk: The joint statement by ASIC and the RBA expressing "deep concerns" about the ASX's operational risk management, particularly concerning the CHESS replacement, indicates that regulators are prioritizing the stability and integrity of critical financial market infrastructure. This scrutiny reflects a global trend towards greater regulatory oversight of market operators to prevent systemic risks. It also suggests that technology upgrades and operational resilience are key areas of regulatory focus.

  • Productivity and Retirement Savings: The Productivity Commission's report on Australia's productivity problem highlights a long-term economic challenge that will have significant implications for retirement savings and financial planning. This connects broader economic policy with the financial security of individuals, suggesting that regulatory settings for superannuation and financial advice must consider the impact of productivity on retirement incomes.

Future Outlook

 

  • Post-Election Regulatory Changes: The upcoming federal election creates uncertainty about the future regulatory landscape. Regardless of which party wins, the financial services sector should anticipate potential regulatory shifts, particularly in superannuation, financial advice, and the CSLR. The industry needs to be prepared for reforms and adapt its practices accordingly.

  • CSLR Review Outcomes: The review of the CSLR's sustainability will likely lead to significant debate and potential changes to its funding model and scope. This could result in increased costs for certain sectors of the financial services industry and may also lead to changes in how consumer complaints are handled and compensated.

  • Continued ASIC Enforcement: ASIC's active stance on death benefit claims handling and other issues suggests that the regulator will continue to prioritize enforcement of existing regulations and pursue action against non-compliant entities. This will likely maintain pressure on financial services firms to invest in compliance and improve their systems and processes.

  • Superannuation Governance Reforms: The Treasury consultations on superannuation governance reforms indicate a potential for further changes to the structure and operation of superannuation trustees. These reforms could impact the roles and responsibilities of directors, the management of conflicts of interest, and the overall governance framework for superannuation funds.

  • RBA Monetary Policy Decisions: The RBA's ongoing assessment of economic conditions and geopolitical risks will continue to influence monetary policy and interest rates. Changes to interest rates can have a significant impact on investment markets, lending, and the overall financial environment, requiring financial services firms to remain adaptable.