Home / Regulation / Up to $1,250 per adviser: FAAA flags ‘onerous’ scheme of last resort costs

Up to $1,250 per adviser: FAAA flags ‘onerous’ scheme of last resort costs

The controversial, long-delayed scheme doesn't protect consumers from high profile managed investment scheme failures like Sterling and Timbercorp, FAAA CEO Sarah Abood said, and could end up adding another layer of unfair fees at the feet of advisers.
Regulation

The Financial Advice Association Australia (FAAA) has raised concerns about the cost to advisers for the government’s controversial Financial Services Compensation Scheme of Last Resort (CSLR) bill, which passed through both houses of parliament last week and looks set to take effect without amendment.

The CSLR, which provides a compensation mechanism for retail consumers who have lost money due to poor advice, will be funded by the advice industry with the eventual fee per adviser to be determined by running costs.

According to the FAAA, there is a danger that these costs could blow out and leave advisers who have done nothing wrong paying an outsized bill for he misdeeds of others.

  • “It’s important to acknowledge that advisers will not be bearing the setup costs and those in the first year of operation,” FAAA chief executive Sarah Abood stated in a release.

    “That said we do have concerns that the running costs of the scheme after the first year may be onerous for advisers,” she continued. “There are estimates as high as $1,250 per adviser if the sector cap of $20 million were to be reached, with an expected amount closer to $375 per adviser (if running costs are closer to the estimate of around $6 million a year).”

    The FAAA has long held that the CSLR scheme has the potential to impose an unfair tariff on advisers, making the point in its submission to the proposal and directly to successive financial services ministers during the life of the bill, which was originally pushed back during the pandemic.

    Aside from the potential costs to advisers, the FAAA has also expressed concern that the scheme doesn’t cover harm caused to consumers by managed investment schemes (MISs), otherwise known as ‘pooled investments’.

    High profile scheme failures such as Sterling Income Trust, Trio Capital and Timbercorp have costs investors millions, yet the government is adamant that these should be treated separately from the CSLR program. It did, however, announce a review into the regulatory framework for MISs – which operate under a 20-year old regulatory model  – on March 8, which will as part of its mandate consider whether MISs should be brought into the CSLR.

    The MIS review isn’t scheduled to hand its findings to the government until mid-2024, though. If MISs were to be subsequently included in the CSLR, it’s likely this wouldn’t occur until at least early 2025.

    “A major source of consumer harm in our sector is MIS failure, and this isn’t covered in this legislation” Abood stated. “We acknowledge that a review into the regulatory structure of MISs has been announced, and this is a positive step. However this could take some time, while consumers remain unprotected from failures in this area.”

    Tahn Sharpe

    Tahn is managing editor across The Inside Network's three publications.




    Print Article

    Related
    ‘Reflect and reconsider’: ASIC chair calls for complexity cull

    The legislative threads surrounding financial services “look less like an elegant tapestry and more like a painting by Jackson Pollock”, the ASIC chair said, before announcing a new thinktank to reassess ways the regulator can help make the system more efficient and less complex.

    Tahn Sharpe | 21st Nov 2024 | More
    Jones announces immediate change to ‘complex and confusing’ CDR framework

    Despite its potential and the massive investment behind it, the Consumer Data Right has had little impact due to a host of factors. Frustrated with its low take-up, the government is making changes to put the framework on “more sustainable footing”.

    Tahn Sharpe | 14th Nov 2024 | More
    Life insurance advisers plead for reform before election muddies the water

    While the government takes its time drafting the second tranche of advice reforms, representatives for the life insurance agency fear the ongoing delays will spill over into the next federal election, which could mean the can gets kicked down the road even further.

    Tahn Sharpe | 11th Nov 2024 | More
    Popular
  • Popular posts: