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Go solo and accept risk: Cooper

The architect of Australia's superannuation system says people who use self-managed super funds should not be allowed to enjoy the benefits of a statutory safety net.
By · 27 Mar 2013
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27 Mar 2013
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The architect of Australia's superannuation system says people who use self-managed super funds should not be allowed to enjoy the benefits of a statutory safety net.

Instead, investors ought to learn to be responsible for their own savings, including when their entire savings are lost.

Jeremy Cooper, the author of the Cooper review into superannuation, said the self-managed super fund (SMSF) sector was designed for people who wanted to manage their own money.

It was, therefore, a "fundamental philosophical point" that the public is not asked to cover losses in the sector.

"You can theoretically lose your entire investment savings," Mr Cooper said. "This is where the 'self' in 'self-managed' really comes to the fore ... you can't have your cake and eat it too."

There was no special statutory safety net for self-managed funds in the event of a fraud but you could pursue people for breaches of various duties, he said.

"The fact is you get certain privileges by being in the SMSF sector but the trade-off is you take responsibility," Mr Cooper said.

"You win your own wins and you own your own losses."

There is more than $1.3 trillion of superannuation savings in Australia, about 30 per cent of which are held in self-managed super funds, Australian Prudential Regulation Authority (APRA) figures show.

However, self-managed super funds are not regulated by the authority.

A string of high-profile company collapses in recent years have wiped out hundreds of millions of dollars in super savings, including those from the SMSF sector.

Trio Capital, in what was described as the largest superannuation fraud in Australian history, was wound up in late 2009 with $176 million in savings lost or missing.

Nearly 300 people who invested in Trio via their self-managed funds were not entitled to any compensation but those who invested in Trio via APRA-regulated superannuation funds were.

Mr Cooper, who was speaking at the Australian Securities and Investments Commission's annual forum in Sydney, said people needed to accept that the SMSF sector had its risks.

"The main thing is to make this as clear as we can for those who elect to come into this sector [so] there are no disappointments later on," he said. "For people who don't like those settings, there are, of course, many choices you can make in the APRA-regulated sector."

ASIC commissioner Peter Kell said the corporate regulator was reviewing the quality of advice that is provided to consumers who are thinking about setting up a self-managed super fund.

"It's a focus for ASIC at present ... we want to make sure as more money enters this sector that we keep a close eye on the less reputable players in the finance sector that might seek to get their hands on it," Mr Kell said.
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Frequently Asked Questions about this Article…

An SMSF is a superannuation fund you manage yourself—the 'self' in self-managed means trustees are personally responsible for investment decisions. Unlike APRA-regulated super funds, SMSFs are not regulated by the Australian Prudential Regulation Authority (APRA) and come with different privileges and responsibilities for trustees.

No — there is no special statutory safety net for SMSFs if fraud or a collapse wipes out savings. You may be able to pursue individuals for breaches of duties, but SMSF investors are generally not entitled to the same automatic compensation that some APRA-regulated fund investors received in past collapses.

Australia has more than $1.3 trillion in superannuation savings, and about 30% of that is held in self-managed super funds, according to APRA figures referenced in the article.

Key risks include the potential to lose your entire retirement savings, exposure to fraud or company collapses, and the fact you bear personal responsibility for investment and compliance decisions. High‑profile collapses in recent years have shown SMSF investors can be left unprotected if things go wrong.

The article notes that nearly 300 people who invested in Trio Capital via their SMSFs were not entitled to compensation, whereas people who invested in Trio via APRA-regulated super funds were. That difference reflects the lack of a statutory safety net for SMSF investors compared with some protections for APRA-regulated funds.

Jeremy Cooper, author of the Cooper review, said SMSFs are designed for people who want to manage their own money and must accept responsibility for their outcomes. He emphasised that you 'own your own losses' and that those who don't like SMSF settings can choose APRA-regulated alternatives.

Yes. ASIC is reviewing the quality of advice provided to consumers considering setting up an SMSF. The corporate regulator is focused on ensuring good advice and watching out for less reputable players in the finance sector as more money enters the SMSF sector.

If SMSF settings and risks don't suit you, the article points out there are many APRA-regulated superannuation fund options available. Choosing an APRA-regulated fund can provide different regulatory protections and reduce the personal compliance and fraud risk that comes with managing your own fund.