NIBA reviewing Quality of Advice reform proposals

The National Insurance Brokers Association (NIBA) is reviewing proposals released by the Quality of Advice review, with responses to a consultation paper due later this month.

The independent review launched by the previous federal government after the Hayne royal commission has proposed broadening the definition of personal advice, having general advice no longer regulated as a financial service and replacing the “best interests” obligation with a duty to give “good advice”.

NIBA CEO Phil Kewin says the review’s consultative approach to financial services reform is welcome and the group is reviewing the proposals and assessing the impact they will have on members and clients.

“The report highlights that these proposals are not final recommendations, nor are they complete,” he told insuranceNEWS.com.au. “We look forward to continuing our engagement with Treasury and the independent reviewer Michelle Levy and will be participating in roundtable discussions next month.”

Ms Levy has backed a principles-based approach that she says could remove complexity and costs and make the advice process easier for consumers and providers.

“In my view this greater ease is achieved without introducing a corresponding risk of harm to consumers, who will be protected by a proposed new obligation to give good advice and by the many existing consumer protection provisions in the law,” she says.

The Quality of Advice review was recommended by the Hayne inquiry and looks at the effectiveness of a range of reforms introduced to address issues in the financial advice sector, rather than broking.

The final report will include an examination of whether the exemption from the ban on conflicted remuneration should remain for insurance, but that issue is not discussed in the interim proposals paper, as information continues to be collected.

Legal firm Allens Linklaters describes the interim proposals as “radical” and says they could make the regulatory regime simpler and less prescriptive.

The proposals could mean any personal conversation or interaction between a client and their bank, super fund or insurer would be considered personal advice conversations and interactions if they include a recommendation or opinion intended to influence the client.

“While on its own this proposal would have the effect of increasing regulation by broadening the definition of personal advice, it needs to be considered in the context of the other proposals that would reduce the regulatory burden on providers of personal advice,” Allens says.

“The consultation paper notes that the amended definition of personal advice would encourage providers to assume they are providing personal advice when they are in doubt, which will be of benefit to consumers.”

Under the proposals, providers of personal advice to retail clients would have to maintain complete records of the advice they provide and to give a written record of advice to a client on request. This would replace the existing rules around providing a statement of advice or record of advice.

The Financial Services Council says the interim paper proposals offer a “sensible roadmap” while the Self Managed Super Fund Association says it’s a “breath of fresh air. But consumer groups put out a joint statement criticising the proposals, particularly plans to replace the best interests duty.

“These changes would set consumer protections back 15 years,” Choice CEO Alan Kirland said. “It’s as if the banking royal commission has already been forgotten.”

NIBA says it will be providing a response on the consultation paper and has called for member feedback by September 16. Treasury has asked for submissions by September 23, with the final report due by December 16.