• Contact
  • Feedback
Banking Day
ConfidentiallySpeaking.com.au Logo
High-impact negotiation masterclass | July 9 & 16, 2025 | 5:00pm - 8:30pm
This high-impact negotiation masterclass teaches practical strategies to help you succeed in challenging negotiations.
Register Now
  • News
  • Topics
    • All Topics
    • Briefs
    • Major Banks
    • Authorised deposit-taking institutions
    • Insurance, funds and super
    • Payments, mobile & wallets
    • Consumer lending
    • Mortgages
    • Business lending
    • Finance regulation
    • Debt capital markets
    • Ratings agencies
    • Equity capital markets
    • Professional services
    • Work & career
    • Foreign news
    • Other topics
  • Free Trial
  • Subscribe
  • Resources
    • Industry events
  • About us
    • About Banking Day
    • Advertise
    • Feedback
    • Contact Banking Day
  • Search
  • Login
  • My account
    • Account settings
    • User Admin
    • Logout

Login or request a free trial

Non-compliant advice still rampant in banking

17 April 2018 5:05PM
Recent reviews by ASIC of banks and others over the quality of their financial advice show a near unbelievable incidence of crappy, conflicted advice - and a portent of yet more expensive refund programs and sanctions for Australia's biggest banks.Yesterday's hearing of the Royal Commission into misconduct in banking drew out fresh data from the corporate regulator.Peter Kell, deputy chair of ASIC told commissioner Kenneth Hayne of "some reviews in recent times that have looked, amongst other things, at advice including whether it complies with the best interest duty and related obligations."One of these reviews focused on" superannuation through the large vertically integrated firms. "We found there that when we looked at the files, a file review, around three quarters, 75 per cent of the files, did not demonstrate compliance with the best interest duty and related obligations," Kell said.Kell followed up with an even more jaw dropping metric."More recently, we've done a survey of advice around establishing self-managed super funds. We've found there, unfortunately, an even higher rate of advice that doesn't comply with the best interest duty, when assessed by looking at the files, of around nine in 10 pieces of advice."Kell qualified that "for the majority of those files there is no necessary indication that that immediately signals consumer detriment. There's a smaller percentage where we think consumer detriment is apparent. "What we have found across large and small licensees in our reviews of recent times is that the industry as a whole is struggling to get to grips with how best to implement the key best interests duty requirements, including how they are documented in the advice files. "Licensees need to improve their record keeping and their documentation."

I'm a returning subscriber

*
Password reset *
Login

Request a free trial

  • Emailing you the news at 7am.
  • Covering core lending and funding issues, strategy, payments, regulation, risk management, IT, marketing and more.
  • Original news and summaries of major stories from other media – ditch your newspaper subscriptions.
  • Focused on banking and finance, saving you the time spent wading through newspapers and other services.
  • With reporting from former editors and senior writers from the AFR and The Australian.
  • Configured for your phone, laptop and PC.
Free trial Banking Day
ConfidentiallySpeaking.com.au Logo
High-impact negotiation masterclass | July 9 & 16, 2025 | 5:00pm - 8:30pm
This high-impact negotiation masterclass teaches practical strategies to help you succeed in challenging negotiations.
Register Now

Consumer lending

  • Latitude, Harvey Norman liable for interest free GO card con

Copyright © WorkDay Media 2003-2025.

Banking Day is a WorkDay Media publication

WorkDay Media Unit Trust

  • Privacy policy
  • Terms of access and use