Background
In December 2013 the Government and appointed an independent Committee to examine how the financial system could be positioned to best
meet Australia’s evolving needs and support Australia’s economic growth (see terms of reference).
An Interim Report was released in July 2014 raising issues for consultation.
As a result of the consultation process the Committee has now released its Final Report making 44 recommendations, some of which directly or indirectly relate to the insurance industry.
The recommendations seek to:
- create a flexible regulatory structure which will be more responsive to the forces for change operating on the financial system;
- clarify regulatory goals;
- increase the accountability of the agencies charged with meeting those goals;
- ensure that regulation of similar financial products is more consistent and promotes competition by improving comparability;
- introduce greater competitive neutrality across the financial system;
- establish more contestable, efficient, and fair financial markets resulting in reduced costs to consumer;
- provide more effective regulation for financial conglomerates which will also facilitate competition and efficiency; and
- facilitate the international competitiveness of the Australian financial system.
The Government intends to consult with industry and consumers before making any decisions on the recommendations.
This consultation will occur up until 31st March 2015.
The following is a summary of the key recommendations likely to affect the insurance industry (excluding recommendations relevant to superannuation).
Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
Chapter 3 Innovation |
This chapter’s recommendations focus on ensuring innovation by technology is appropriately managed. |
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Recommendation 14
Collaboration to enable innovation |
Establish a permanent public – private sector collaborative committee “Innovation Collaboration” to facilitate financial system innovation and enable timely and coordinated policy and regulatory responses.
Reason for recommendation is to improve national coordination, reduce current restrictions on innovation (e.g. limited regulator appetite, limited lobbying power) and better identify market wide opportunities and manage impact of international competition. |
This is a welcome innovation that would clearly
benefit the insurance industry. |
Recommendation 15
Digital Identity |
Develop a national strategy of a federated style model of trusted digital
identities in which public and private sector identity providers compete to supply trusted digital identities to individuals and businesses.
This would be voluntary. A joint public-private sector taskforce should be established develop the trust framework and standards required to deliver the model.
Reason for recommendation is lack of any clear Australian coordination in this respect. |
This has real benefit for the industry as it would
minimize costs and regulatory burden for the industry, facilitate innovation, reduce e frictions in the digital economy and help prevent crime and would improve security and enhance privacy. |
Recommendation 16
Clearer graduated payments regulation |
Enhance graduation of retail payments regulation by clarifying
thresholds for regulation by ASIC and APRA.
Strengthen consumer protection by mandating the ePayments Code. Introduce a separate prudential regime with 2 tiers for purchased payment facilities. |
Anything that will provide increased certainty to
industry and accommodate innovation is welcome. It may also provide an opportunity to the insurance industry as such changes would generate lower compliance costs, enhance competitive neutrality and allow for participation from non-traditional financial institutions. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
Reason for recommendation is to address fragmentation and lack of
clarity and piecemeal regulation of current systems. |
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Recommendation 19
Data access and use |
Review the costs and benefits of increasing access to and improving
the use of data, taking into account community concerns about appropriate privacy protections.
Reason for recommendation is to improve the quality of business and consumer decision making, public policy development and implementation and other research into how the financial system and broader economy function as well as improve innovation and utility of public institutions holding such data. |
Broadening access to de-identified or aggregated
public sector, private sector and personal information data would have clear benefits for the industry. |
Chapter 4 Consumer Outcomes |
This chapter’s recommendations focus on areas involving fairer treatment of consumers. |
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Recommendation 21
Strengthen product issuer and distributor accountability |
Introduce a universal targeted and principles based product design and
distribution obligation (excluding credit which is already subject existing requirements).
This would require product issuers and distributors to consider a range of factors when designing products and distribution strategies. In addition to commercial consideration they would consider the type of consumer whose financial needs would be addressed by buying the product and the channel best suited to distributing the product. Industry should supplement this principles based obligation with appropriate standards for different product classes.
It would not require an individual appropriateness test at point of sale as is imposed in other jurisdictions. |
There is no doubt the Inquiry’s aim is pure and
worthwhile.
Despite the Inquiry stating it believes otherwise, the reality is that such a change would have a significant cost impact on insurers and their agents and the degree of uncertainty arising from a “principles” based regime has already caused real issues in compliance with the PDS requirements.
Yet again a broad fix is being proposed without a proper analysis of where the problems actually exist and whether the imposition of such a broad obligation is justified for the particular industry concerned. From a “national perspective (as was |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
The obligations would cover:
During product design – identify target and no target markets, taking into account the products intended risk/return profile and other characteristics where the nature of the product warrants it, issuers should stress-test the product to assess how consumers may be affected in different circumstances. Also stress to test to make key features clear and easy to understand.
During the product distribution process – issuers should agree with distributors on how a product should be distributed to consumers. Where applicable, distributors should have controls in place to act in accordance with the issuers expectations for distribution to target markets.
After the sale of a product – issuer and distributor should periodically review whether the product still meets the needs of the target market and whether its risk profile is consistent with tits distribution. The results of this review should inform future product design and distribution processes.
The requirements would be scalable depending on the nature of the product.
Any significant breach should be subject to a penalty.
The main aim behind the above recommendation is to reduce the number of consumers buying products that do no match their needs and the consequent detriment.
The Inquiry recognizes that the current disclosure regime by itself is insufficient for reasons such as consumer disengagement, document |
the case with FSR) the one size fits all garment was
attractive but after all the alterations after the fact to take reality into account, it was not what the tailor envisaged.
Great care will be required by industry to ensure that if this recommendation is advanced, the principles are drafted in a way that reduce the risk of confusion and an obligation that cannot be complied with in practical reality.
We have all recently experienced the complexity created by the “best interest duty” and the constant attempts to “refine” it to avoid confusion.
From an insurance broker’s perspective (acting for the client) it may help reduce risk but overall is likely to increase the cost of insurance and information required to be collected in the insurance process.
The Inquiry is not clear on what it means by a “distributor” i.e. is it an agent of the issuer, agent of the client or otherwise (or all of them). This is an important issue. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
complexity, behavioral biases, misaligned interests and low financial
literacy.
The Inquiry notes many consumers do not seek advice and those that do may receive poor quality advice.
The examples given of industry caused consumer detriment and poor advice mostly relate to non-insurance products (Opes Prime and Westpoint).
However, They specifically refer to add on products that may not meet consumer needs and refer to CCI and ASIC’s report and FOS claims data in that regard (see page 200).
The above recommendation takes into account her Senate Economics References Committee’s Report on ASIC’s Performance which pushed for suitability requirements being imposed on product issuers. |
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Recommendation 22
Introduce Product Intervention Power |
Introduce a proactive product intervention power that would enhance
the regulatory tool kit available where there is risk of significant consumer detriment.
This would allow ASIC to intervene to require or impose:
The recommendation notes it is not intended to address problems with pricing of retail financial products, where consumer might be paying |
This would be a significant increase in ASIC’s
powers. If used properly it would be a valuable and effective tool.
As Spiderman’s grandfather said, “with great power comes great responsibility”.
Industry would be left to trust that ASIC to exercise its power responsibly. If not, there is the judicial review process but as we all know, by then it is really too late as the damage has been done. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
more than expected for a particular product or where a large number of
consumers have incurred a small detriment. It would be limited to temporary intervention for 12 months able to be expanded by Government if needed. It could be used against and individual firm or class of firms for a product or class of products. It would be subject to a judicial review mechanism.
Consultation with APRA would be required to the extent it related to an APRA regulated body. Use of the power would be reviewed after 5 years.
The aim of the recommendation is to:
financial products they do not understand;
improve efficiency. |
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Recommendation 23
Facilitate innovative disclosure |
Remove regulatory impediments to innovative product disclosure and
communication with consumers, and improve the way risk and fees are communicated to consumers.
E.g. use of online communication tools, new media, self-assessment tools and videos.
It is to be implemented in 2 phases:
innovations (see recent ASIC RG Consultation Paper 224 )
taking into account the effectiveness of the above. |
The removal of regulatory impediments to innovative
product disclosure and communication with consumers is obviously of real benefit to the market.
In relation to disclosing risks and fees, this seems to be aimed mostly at investment products but it is not clear. Currently general insurance PDSs are not required to disclose risks and a far as we are aware here are no fee disclosure issues that have been identified. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
In relation to disclosing risks and fees industry should develop
standards for disclosure and if significant progress is not made within a short time, Government should consider a regulatory approach. |
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Recommendation 24
Align the interests of financial firms and consumers |
Better align the interests of financial firms with those of consumers by raising industry standards, enhancing the power to ban individuals from management and ensuring remuneration structures in life insurance (and stockbroking) do not affect the quality of financial advice.
This can be achieved by:
professionalism to build confidence and trust in the financial system.
enhanced power to ban individuals, including officers and those involved in managing financial firms, from managing a financial firm. This would enhance adviser and management accountability.
commission for life insurance advice is not greater than ongoing commissions. This would reduce incentives for churning and improve the quality of advice on life insurance.
The Report noted that there are concerns about high upfront commissions for life insurance advisers. This has been a longstanding industry practice reflecting that life insurance has higher arranging costs, such as managing the underwriting process, and that consumers are often not independently motivated to purchase life insurance. |
Industry raising standards of conduct and levels of
professionalism to build confidence and trust in the financial system is clearly worthwhile and the insurance industry does this already to a large degree e.g. NIBA and ICA Codes of Practice and NIBA QPIB requirements.
The enhanced ASIC power to ban is hard to take issue with subject to appropriate limits and exercise of the power.
The change for life risk advisers will not be welcomed and consideration will need to be given to what arguments against such a change can be made. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
With the exception of group life insurance policies inside superannuation and an individual life insurance policy for a member of a default fund, life insurance products are currently exempt from the FOFA ban on commissions.
This allows individual life policies to be sold with high upfront commissions, creating an incentive for advisers to make a sale, rather than provide strategic advice. The report noted that commissions payable for life insurance may be up to 100–130 per cent of the first year’s premium payable, with an ongoing trail commission of around 10 per cent.
The Report references a recent ASIC report on life insurance that revealed significant problems with both compliance and the consequences for consumers which found, amongst other things, that upfront commissions can affect the quality of advice. ASIC found that 96 per cent of advice rated as a ‘fail’ was given by advisers paid under an upfront commission model. ASIC also found high upfront commissions encourage advisers to replace a consumer’s policy rather than retain it.
The report forms the view that to date, industry approaches to address the issues in life insurance have not worked.
The Report notes the FOFA ban on conflicted remuneration and associated measures are relatively new and should bring significant change to the industry and benefits for consumers.
For life insurance, the Report recommends a level commission structure implemented through legislation requiring that an upfront commission is not greater than the ongoing commission in order to |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
provide a balanced and cost effective approach to better align the
interests of advisers and consumers. The Report does not recommend what the appropriate level of commission is and states this should be left to the market and industry to determine.
The Report does not recommend removing all commissions, as some consumers may not purchase life insurance if the advice involves an upfront fee.
It does however recommend that conflicted remuneration should be monitored, and Government should intervene if further significant issues are observed and revisit banning commissions if level commission structures do not address the issues in life insurance. |
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Recommendation 25
Raise the competency of advisers |
Raise the minimum competency of financial advice providers and
introduce and enhanced register of advisers.
The Government should continue its process to raise the minimum standards of financial advisers.
For those advising on Tier 1 this should involve:
relationship skills, compliance and ethical requirements – to complement the increased focus on standards of conduct and professionalism per recommendation 24.
The standards should be reviewed regularly and compliance monitored. Transitional arrangements should apply and recognition of professional experience. |
Industry is still negotiating with Government on
whether and to what degree general insurance advisers should be subject to the minimum requirements.
For general insurance only sickness and accident insurance is Tier 1.
Currently the ASIC register proposals would not catch brokers only providing personal advice to retail clients on general insurance products. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
ASIC should complete its enhanced public register of financial advisers (currently this would not include anyone that only provides personal advice on general insurance products). The Inquiry believes the register should include:
The aim is to increase the likelihood of consumers receiving customer focused quality advice and promote confidence in the financial advisory industry as well as facilitating consumer access to information on the adviser to improve transparency and competition. |
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Recommendation 26
Improve Guidance and disclosure in general insurance |
Improve guidance (including tools and calculators) and disclosure for
general insurance, especially in relation to home insurance.
The general insurance industry should guide consumers as to the likely replacement value for home building and contents for the purpose of insurance.
If significant progress is not made by industry within a short time frame, Government should consider introducing a regulatory requirement to provide this guidance at the point of renewal or on entering into a contract with a new insurer. |
Whilst the above should reduce underinsurance,
insurers need to be careful in providing any guidance to act within the scope of their AFSLs.
Guidance at the point of renewal will require changes to existing renewal processes.
In relation to the proposal that industry should standardise the way replacement costs are estimated, industry will need to work with Government to resolve any regulatory issues that arise. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
The aim of the above is to:
• Reduce the incidence of inadvertent underinsurance by assisting consumers to make an informed decision about the sum insured. • Increase the ability of consumers to make informed decisions when taking out insurance. • Enhance consumer understanding of insurance policies, especially key features, caps and limits, and exclusions.
The general insurance industry should complete its work on improving disclosure in insurance product disclosure documents, including consumer testing, and providing information at the appropriate point in the sales process.
The current regulatory settings allow insurers to provide guidance on the replacement value of home building or contents without needing to comply with the personal advice rules.
At present, this is not working and insurers are not typically providing guidance on replacement value. The Inquiry believes that commercial disincentives mean insurers are reluctant to provide this type of guidance.
Although many insurers provide online calculators to estimate replacement value, insurers typically refrain from giving guidance on the replacement value either over the phone or on a renewal notice. A recent ASIC report identified that most insurers operate on a ‘no advice’ or factual information model.
The draft Productivity Commission (PC) report on natural disaster funding arrangements commented on a number of important issues |
The general insurance industry will need to continue
to engage with Government and regulators on reducing complexity and facilitating consumer understanding of key features and exclusions, including relevant consumer testing.
Given the issues of concern raised with the KFS initiative this will be crucial.
The Inquiry believes that the recommendations build on existing industry work and practices, and should have lower implementation costs than compliance with a prescriptive regulatory regime. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
consumers face during natural disasters, including a lack of
consumer understanding about risk and insurance leading to non- insurance and underinsurance.
Underinsurance often occurs because most standard home building and contents insurance policies require the consumer to decide on the amount of insurance.
One of the causes of underinsurance includes consumers setting their replacement value amounts too low, due to a lack of knowledge and the specialist skills required to more accurately estimate the cost of rebuilding a home and replacing home contents.
The ASIC report found that “consumers frequently sought assistance from insurers about how best to decide a sum insured amount”. However, in many instances, sales staff advised they were not able to assist. Insurers have access to information that allows them to assess replacement value better than consumers. However, insurers typically do not give phone-based guidance or refer consumers to existing online tools and calculators, which would help with these replacement estimates.
Renewal notices also typically do not include this information. The Inquiry believes that it is important for insurers to provide guidance on replacement value to consumers to lessen the risk of underinsurance.
The general insurance industry should enhance existing tools and calculators for home insurance, including providing up-to-date information about building costs and building code changes. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
In addition, although general insurance has a specific product
disclosure regime, the industry lacks standard practice in describing a policy’s key features and exclusions. The PC also commented on the difficulties consumers face in understanding the information they receive about their insurance policy.
Survey results highlight that even when consumers take the time to read insurance documentation including the product disclosure statement, many misunderstand it, scan it briefly due to over-reliance on sales staff or fail to understand it due to its complexity.
For example, as a consequence of recent natural disasters, it became clear many consumers did not understand whether they were covered for flood. A survey by the Caxton Legal Centre after the Queensland floods of 2011 found that of participating consumers:
exclusions or limitations.
• 4 per cent tried to read the policy but gave up as they could not understand it.
Tools and calculators can be updated to help consumers estimate replacement costs more accurately.
The Inquiry acknowledges that the insurance market has developed some tools to address ‘estimation risk’; for instance, providing ‘uplift’ factors to sums insured, indexation or inflation adjustments to sums insured, and technological tools designed to assist consumers. However, the Inquiry sees further scope to address this issue, including the industry improving tools and calculators by referencing |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
up-to-date building costs and changes in building codes that may
affect rebuild cost.
The draft PC report discussed how information imbalances may increase underinsurance due to consumers being unable to access relevant information, such as changes to building codes that may increase the cost of building a home. |
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Box 12 General
insurance and natural disasters |
Whilst not a recommendation, many stakeholders raised concerns in
relation to general insurance. The Interim Report highlighted two issues on general insurance and natural disasters: • The costs of insurance, especially for coverage in higher-risk areas, such as flood plains and cyclone-prone areas. It observed that increased use of risk-based pricing is likely to increase premiums in these areas.
• The incidence of underinsurance following a natural disaster, especially inadvertent underinsurance, where homeowners underestimate the cost of rebuilding.
High premiums can lead to calls for government intervention; for example, in relation to the cost of home and strata title insurance in North Queensland. The Australian Government Actuary, which has completed two reports on the issue, attributed recent price increases to historic under pricing of coverage, higher reinsurance costs and the cost of natural disasters. It also found that insurers were providing appropriate risk-based products and pricing.
The Inquiry recognises a few areas where the absence of private sector providers creates a need for governments to provide insurance; for example, for terrorism insurance or cover for catastrophic personal |
The Inquiry position here is consistent with market
views. i.e. whilst there are areas where the absence of private sector providers creates a need for governments to provide insurance, in most cases, the main role of government is to support the market in working as effectively as possible rather than subsidising prices. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
injuries. However, in most cases, the Inquiry considers the main role of
government is to support the market in working as effectively as possible rather than subsidising prices.
The costs of natural disaster insurance can be reduced through improved data, further mitigation efforts — such as building flood levies, and in the case of states and territories, by reducing the tax burden on insurance contracts.
The Inquiry notes Government has recently decided to provide a comparison website for home insurance in North Queensland and has clarified that unauthorised foreign insurers may provide some competition and offer lower prices in targeted areas prone to natural disaster.
Price competition can also help to address underinsurance. For mass- marketed insurance products, governments can play a role in encouraging comparison websites.
In Chapter 3: Innovation, the Inquiry recommends the PC review how data can be used more effectively to enhance consumer outcomes, better inform decision making, and facilitate greater efficiency and innovation in the financial system.
Statutory insurance is insurance that is mandatory; for example, compulsory third-party motor vehicle insurance, workers’ compensation insurance and professional indemnity insurance.
While there are strong justifications for making some insurance cover mandatory (especially liability insurance) where the detriment is to third parties, governments imposing this requirement should take steps to encourage an adequate market (where they do not provide the cover |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
themselves). Where governments provide insurance in competition with
the private sector, this should be done on the basis of competitive neutrality. |
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Chapter 5 Regulatory System |
This chapter’s recommendations focus on areas for improvement in the current regulatory system and to ensure regulatory settings remain fit for purpose in the future. |
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Recommendation 27
Regulator accountability |
Create a new Financial Regulator Assessment Board to advise
Government annually on how financial regulators have implemented their mandate.
Provide clearer guidance to regulators in Statements of Expectation and increase the use of performance indicators for regulator performance. |
This is an important proposal especially given the
proposed increase to ASIC powers above. |
Recommendation 28
Execution of mandate |
Provide regulators with more stable funding by adopting a three-year
funding model based on periodic funding reviews, increase their capacity to pay competitive remuneration, boost flexibility in respect of staffing and funding, and require them to undertake periodic capability reviews.
Regulators should be funded at a level that enables them to offer remuneration that is competitive with the private sector.
The Interim Report set out the following principles for funding the regulators: • Funding should have a high degree of stability and certainty. • Total funding should be proportionate to the task. • Regulatory costs should be borne by those contributing to the need for regulation. |
The Inquiry provides no detail on how the
recommended funding should be paid across industry sectors.
This proposal is likely to increase costs to industry.
The proposal may result in ASIC employing staff with better industry knowledge, which could be both positive and negative results for industry. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
• Funding should promote the independence and accountability
of the regulators.
The Inquiry is of the view that moving ASIC and APRA to a three-year budget model, giving them more operational autonomy and introducing six-yearly capability reviews would enhance the operation of the current regulatory framework. This is a particularly important issue for ASIC given the breadth of its responsibilities.
Given the extent of the changes the Inquiry has proposed for ASIC in this report, ASIC should be the first to undergo a capability review in 2015. This would help to ensure it has the skills and culture to carry out its enhanced role effectively. |
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Recommendation 29
Strengthening of ASIC’s funding and powers |
Introduce an industry funding model for Australian Securities and
Investments Commission (ASIC) and provide ASIC with stronger regulatory tools.
The Inquiry recommends Government should recover the cost of ASIC’s regulatory activities directly from industry participants through fees and levies calibrated to reflect the cost of regulating different industry sectors. The Inquiry notes this would also have some potential costs. Depending on how they are designed, fees and levies have the potential to increase barriers to entry and potentially limit competition.
The Inquiry recommend the funding model should be structured to create a close relationship between the incidence of fees and levies and the cost of regulating the relevant activity. Costs must also be attributed fairly across different firms and industry segments. The way in which industry funding is implemented may need to be tailored to different industry sectors. |
The Inquiry provides no detail on how the
recommended funding should be paid across industry sectors.
This proposal is likely to increase costs to industry. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
The Inquiry expects the benefits of industry funding to exceed the costs, subject to careful implementation and inclusion of an appropriate transparency and accountability framework. |
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Recommendation 30
Strengthening the focus on competition in the financial services industry |
Review the state of competition in the sector every three years, improve
reporting of how regulators balance competition against their core objectives, identify barriers to cross-border provision of financial services and include consideration of competition in the Australian Securities and Investments Commission’s mandate.
The Inquiry recommends that through their annual reports, regulators should demonstrate that they have given explicit consideration to trade- offs between competition and other regulatory objectives when designing regulations. The effect of regulatory proposals on competition should be explained explicitly in consultation documents and annual reports, which would then feed into Assessment Board examination of overall regulator performance. |
This proposal may beneficial to industry if regulation
is considered in light of its effect on competition. This may reduce imbalances in regulation that have the effect of creating an unleveled playing field for industry participants. |
Recommendation 31
Compliance costs and policy processes |
Increase the time available for industry to implement complex
regulatory change.
The Inquiry recommend that except in exceptional circumstances, Government and regulators should give industry participants at least six months to begin implementing regulatory changes once they are finalised. Additional transitional periods of 12–24 months will also generally be appropriate. Grouping commencements at fixed dates during the year — for example, 1 July and 1 January — would help industry participants to accommodate overlaps between related changes, rather than having to make multiple system changes. |
The recommendation is intended to reduce costs,
complexity and unanticipated negative implications associated with implementing regulatory change.
Any reduction in compliance costs should be supported. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
Conduct post-implementation reviews of major regulatory changes
more frequently to analyse their cost effectiveness and help develop better processes for future interventions . |
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Recommendation 34
Unfair Contract term provisions |
Support Government’s process to extend unfair contract term
protections to small businesses. The focus here is on small business lending contract terms.
Encourage the banking industry to develop standards on the use of non-monetary default covenants. |
No direct impact for insurers but can impact on
premium funders.
Industry participants that are small business operators may benefit from changes to loan terms. |
Recommendation 38
Cyber security |
As observed in the Interim Report, cyber-attacks are increasing in
frequency and sophistication. The financial industry is a major target of cyber-crime and is under increasing threat as the number of high-value targets in the sector grows.
The Inquiry recommends Government should update the 2009 Cyber Security Strategy to reflect changes in the threat environment, improve cohesion in policy implementation, and progress public–private sector and cross-industry collaboration.
Updating the CSS, developing formal mechanisms for public–private sector information sharing and clarifying public and private sector roles in a cyber-crisis would help to improve the resilience of the financial system. It would better prepare the financial sector, Government and other industry sectors to respond in a timely and coordinated manner to evolving cyber threats. |
This recommendation may provide better security
for industry in the event of cyber-attacks and how to handle them in a timely and coordinated manner.
This may assist to reduce business interruption costs and flow on effects to business as a result of a cyber-attack. |
Recommendation 39
Technology neutrality |
Some regulation assumes or requires the use of certain forms of
technology. For example, regulation may specify certain delivery mechanisms for products, or use terminology that assumes a paper- based environment. In other cases, new technologies put the operation |
In implementation, a phased approach may be
required to manage transitional costs to industry. However, the Inquiry believes these costs would be |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
of certain provisions in doubt. These circumstances can impede
innovation and efficiency by preventing the uptake of new technologies that could provide better outcomes for users, businesses and government. They can also prevent government and regulators from managing risks appropriately.
Stakeholders have identified a range of priority areas for amendment, including regulation relating to financial products and services disclosure, customer consent and authorisation, payments and cheques, external administration processes, conveyancing and identity verification.
The Inquiry recommends Government should establish a working party to identify, in consultation with the financial sector, and amend priority areas of regulation to be technology neutral.
The principle of technology neutrality should be incorporated into government policy-making guides, and processes for developing future regulation and to ensure regulation allows individuals to select alternative methods to access services to maintain fair treatment for all consumer segments. The guidance should allow for technology-specific regulation on an exceptions basis.
Ensure regulation allows individuals to select alternative methods to access services to maintain fair treatment for all consumer segments. |
outweighed by the longer-term efficiency benefits to
industry and improved consumer outcomes.
We expect overall this recommendation will reduce costs and improve efficiency for industry participants and should be supported. |
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Recommendation 40
provision of financial advice and mortgage broking |
Rename ‘general advice’ and require advisers and mortgage brokers to
disclose ownership structures. |
It is a sensible change conceptually.
The Inquiry note that consumer testing will generate some costs for Government, and relabeling will |
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Summary of issues and recommendation | Relevance to insurance industry |
The current regulatory framework addresses advice on financial
products. The framework makes an important distinction between personal and general advice:
• Personal advice takes account of a person’s needs, objectives or personal circumstances, whereas general advice does not. • General advice includes guidance, advertising, and promotional and sales material highlighting the potential benefits of financial products. It comes with a disclaimer stating that it does not take a consumer’s personal circumstances into account.
The Inquiry note that consumers may misinterpret or excessively rely on guidance, advertising, and promotional and sales material when it is described as ‘general advice’. The use of the word ‘advice’ may cause consumers to believe the information is tailored to their needs.
Behavioural economics literature and ASIC’s financial literacy and consumer research suggests that terminology affects consumer understanding and perceptions.
The Inquiry believes greater transparency regarding the nature of advice and the ownership of advisers would help to build confidence and trust in the financial advice sector. In particular, ‘general advice’ should be replaced with a more appropriate, consumer-tested term to help reduce consumer misinterpretation and excessive reliance on this type of information.
The Inquiry believes the benefits to consumers would outweigh the transitional costs to industry of effecting branding changes. |
generate transitional costs for industry — although
these are expected to be small.
The relabeling of general advice will have a flow on effect to all industry participants, requiring updating of all documentation that includes general advice warnings or statements.
Any change should be carefully managed with appropriate transition times to reduce any associated cost to industry. |
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Summary of issues and recommendation | Relevance to insurance industry |
Recommendation 41
unclaimed monies |
Define bank accounts and life insurance policies as unclaimed monies
only if they are inactive for seven years.
At present, bank accounts and life insurance policies are deemed to be unclaimed monies and transferred to Government if they are inactive for three years. The present position was changed in 2012, from a longstanding arrangement that required an inactive period of seven years.
The Australian Bankers’ Association submitted estimates to the Inquiry showing that reverting to seven years would halve the number of claims.
The Inquiry believes Government should act to ensure bank accounts and life insurance policies are deemed unclaimed monies only after they are inactive for seven years and that these monies should be held in a separate trust account. |
Life insurers may need to implement new unclaimed
money procedures if this recommendation is implemented.
The Inquiry recommendation reflects industry views in relation to unclaimed monies and expect this will reduce the number of unclaimed money claims if the timeframe is extended to 7 years as proposed. |
Recommendation 43
Legacy products |
Introduce a mechanism to facilitate the rationalisation of legacy
products in the life insurance and managed investments sectors.
Industry estimates suggest that approximately 25 per cent of all funds under management are in legacy products. These are products that are closed to new investors and have become uneconomic or rendered out of date by changes to market structure, Government policy or legislation. Legacy products increase costs to fund managers and life insurers. They can also prevent consumers from accessing better features in newer products.
Between 2007 and 2010, Government worked with industry to develop a mechanism to facilitate product rationalisation, focusing on the managed investments and life insurance sectors — superannuation |
This recommendation is aimed at reducing costs for
life insurers by providing for rationalisation of legacy products whilst allowing consumers potential to access newer products without being disadvantaged as a result of transfer to a new product.
The recommendation to adopt an application fee approach for any transfer will assist insurers in offsetting any additional administrative costs associated with this proposal.
Consideration should be given as to whether rationalisation will affect any remuneration entitlements that life insurance brokers/advisors |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
was considered less problematic as there was already a successor
fund transfer mechanism in relevant legislation. However, Government did not finalise or implement the mechanism.
The mechanism would have facilitated rationalisation of genuine legacy products — that is, not simply those that are performing poorly — subject to a ‘no disadvantage test’ for relevant consumers. It would also have provided tax relief to ensure consumers were not disadvantaged as a result of triggering an early capital gains tax event.
The Inquiry sees benefit in such a mechanism for product rationalisation that treats consumers fairly. Given the cost of implementing the mechanism, the Inquiry considers it should initially be limited to managed investments and life insurance, and that it should be subject to a cost recovery mechanism, such as an application fee. The application fee could be designed to offset process administration costs and incorporate economic incentives to ensure rationalisation targets the most problematic areas. |
may have in relation to legacy products if they are
transferred. |
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Taxation Summary | The Inquiry has identified a number of taxes that distort the allocation of
funding and risk in the economy.
The Inquiry also identified other tax issues that may adversely affect outcomes in the financial system. Unless they are already under active Government consideration, the Inquiry recommended the tax issues listed below should be considered as part of the Tax White Paper process.
Tax treatment of legacy products |
A tax effective structure to support the transfer of
legacy products will assist industry if more consumers take up to option to transfer to a new product and result in overall reduction in administrative costs.
Any reduction in insurance taxes is supported. |
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Relevant Chapter and
recommendation |
Summary of issues and recommendation | Relevance to insurance industry |
Legacy products are financial products that are outdated and closed.
These include some life insurance policies and interests in managed investment schemes.
Legacy products are a drag on the efficiency of product providers, which ultimately may lead to higher costs for consumers. In 2009, Government proposed a framework for rationalising legacy products; however, this has not yet led to an implemented solution. One significant issue is the tax treatment of underlying assets when legacy products are converted or consolidated into products with equivalent features or benefits (see Recommendation 43: Legacy products in Appendix 1: Significant matters).
Duties on insurance
Insurance taxes are levied by the states and territories. All states impose stamp duties on general insurance premiums, while some states impose additional levies—for example, fire service levies. Insurance taxes mean that individuals and businesses must pay more to achieve the same risk reduction. Reducing duties on insurance would assist in dealing with underinsurance. |
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