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Shorten may delay reforms

Bill Shorten is considering delaying the government's plan for an overhaul of financial advice.
By · 19 Dec 2011
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19 Dec 2011
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Bill Shorten is considering delaying the government's plan for an overhaul of financial advice.

BILL Shorten is considering delaying the government's plan for an overhaul of financial advice, amid industry claims the proposed start date of next July is unworkable.

Under its Future of Financial Advice reforms, the government will ban advisers from receiving commissions and require clients to approve their adviser's fees every two years.

With financial planners complaining that many of the changes were too complex to be introduced by July, the Australian Securities and Investments Commission last week said it might overlook inadvertent breaches during the first year of the reforms.

But amid intense industry pressure, the office of the Financial Services Minister, Mr Shorten, has signalled he could delay the start date for the reforms, before a decision on the matter next month.

''The minister is open to considering whether further transitional arrangements are required beyond what ASIC signalled in the last few days,'' a spokesman for Mr Shorten said. ''We expect to have more say in mid to late January 2012.''

Talk of a delay comes amid financial planners' claims that introducing the changes by July would be impossible because of the extensive administrative changes and the fact that legislation is still before Parliament. It is believed that the government considers some of the industry arguments for a delay are legitimate. It is also keen to avoid any unintended consequences caused by moving too quickly.

The director of policy at the Financial Services Council, Martin Codina, welcomed comments from Mr Shorten's office and argued the reforms should be pushed back until July 2013.

''The minister's comments that the issue of transition will be resolved in January are very encouraging, particularly given the legislation is unlikely to pass through Parliament until April or May of next year,'' Mr Codina said.

''It will not be possible for the industry to be compliant with these significant reforms only two to three months after the legislation has passed - particularly as much of the detailed requirements will be outlined in regulations which are yet to be released.''

The reforms are linked to an overhaul of superannuation - which does not take effect until July 2013 - and will signal major changes in how advisers are paid. They also include new rules requiring advisers to act in clients' best interests.

Financial services firms have complained at having to make two major changes to their computer systems in the space of a year.

Mr Codina said delaying the reforms until July 2013 would avoid duplication in the industry.

Legislation for the financial advice shake-up is before two parliamentary committees and those committees are not due to report back until February and March.

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Frequently Asked Questions about this Article…

The FoFA reforms include a ban on financial advisers receiving commissions, a requirement that clients approve their adviser's fees every two years, new rules requiring advisers to act in clients' best interests, and other changes tied to an overhaul of superannuation.

Bill Shorten is considering a delay because industry groups and financial planners say the proposed July start date is unworkable due to complex administrative changes, legislation still before Parliament, and the risk of unintended consequences from moving too quickly.

Under the reforms, advisers would be banned from receiving commissions, signalling a major change in how advisers are paid and intended to reduce conflicts of interest by changing adviser remuneration structures.

The rule means clients would need to actively approve their adviser's fees on a two-year cycle, creating a regular check-in on costs and formalising consent for ongoing advice fees.

ASIC indicated it might overlook inadvertent breaches during the first year of the reforms, recognising industry concerns about the practical difficulty of immediate compliance.

Industry groups, including the Financial Services Council, have argued the reforms should be pushed back until July 2013; the minister's office said it would consider transitional arrangements and aimed to make a decision in mid to late January.

The FoFA reforms are linked to an overhaul of superannuation, with the superannuation changes not taking effect until July 2013; this linkage is a reason some industry groups want the advice reforms aligned with the superannuation timetable.

Everyday investors should watch for a ministerial decision expected in mid to late January, note that parliamentary committees are due to report back in February and March, and that legislation may not pass until around April or May, according to the article.