{"id":28188,"date":"2014-12-02T16:53:48","date_gmt":"2014-12-02T05:53:48","guid":{"rendered":"https:\/\/riskinfo.com.au\/news\/?p=28188"},"modified":"2024-12-02T08:02:21","modified_gmt":"2024-12-01T22:02:21","slug":"controversy-surrounds-new-asic-adviser-register","status":"publish","type":"post","link":"https:\/\/riskinfo.com.au\/news\/2014\/12\/02\/controversy-surrounds-new-asic-adviser-register\/","title":{"rendered":"Controversy Surrounds New ASIC Adviser Register"},"content":{"rendered":"<p><span style=\"font-size: 14px; line-height: 1.5em;\">The release by Treasury of the draft arrangements for the new public adviser register has been marred by controversy.<\/span><\/p>\n<p><!--more--><\/p>\n<figure id=\"attachment_25621\" aria-describedby=\"caption-attachment-25621\" style=\"width: 150px\" class=\"wp-caption alignright\"><a href=\"https:\/\/riskinfo.com.au\/news\/files\/2014\/03\/Mathias-Cormann-2.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-25621\" src=\"https:\/\/riskinfo.com.au\/news\/files\/2014\/03\/Mathias-Cormann-2.jpg\" alt=\"Acting Assistant Treasurer and Minister for Finance, Senator Mathias Cormann\" width=\"150\" height=\"180\" \/><\/a><figcaption id=\"caption-attachment-25621\" class=\"wp-caption-text\">Acting Assistant Treasurer and Minister for Finance, Senator Mathias Cormann<\/figcaption><\/figure>\n<p>Late last week, Treasury issued for consultation the <a href=\"http:\/\/www.treasury.gov.au\/ConsultationsandReviews\/Consultations\/2014\/Enhanced-register-of-financial-advisers\" target=\"_blank\" rel=\"noopener\">draft regulations<\/a> which will govern the new national adviser register. The register, to be maintained by the Australian Securities and Investments Commission (ASIC), was one of the additional consumer protection measures announced by the Government as part of a deal with the Palmer United Party to support its Future of Financial Advice (FoFA) amendments.<\/p>\n<p>Announcing the details of the initiative in October, Acting Assistant Treasurer and Minister for Finance, Senator <strong>Mathias Cormann<\/strong>, said the register would contain significant information about individual financial advisers, including their licensee, the product areas they are licensed to advise on, and the individual\u2019s qualifications and professional membership status.<\/p>\n<p>However, the draft Regulations, and accompanying Explanatory Statement, do not include a requirement to collect information on education qualifications or whether the adviser is a member of a professional association. The only reference to qualifications within the Treasury\u2019s Draft Explanatory Statement appears to be the following:<\/p>\n<h6>We are working with all relevant stakeholders on efficient and effective ways to lift professional, ethical and educational standards<\/h6>\n<p>\u2018It is intended that the register will, in time, also contain educational qualifications and professional association membership information. This would require further amendments to the Principal Regulations.\u2019<\/p>\n<p><span style=\"font-size: 14px; line-height: 1.5em;\">Following the release of the consultation documents, a mainstream media report accused the Government of \u2018watering down\u2019 the register, saying professional membership and education qualifications were \u201cfundamental pieces of information\u201d.<\/span><\/p>\n<p>Senator Cormann was quick to issue a response to the report, reiterating that the Government remained committed and on track to deliver its enhanced, industry-wide public register of financial advisers.<\/p>\n<p>According to a statement from the Senator\u2019s office, as of March 2015, the register of financial advisers will include:<\/p>\n<ul>\n<li>The adviser&#8217;s name, registration number, status, and experience<\/li>\n<li>The adviser\u2019s qualifications and professional association memberships<\/li>\n<li>The adviser&#8217;s licensee, previous licensees\/authorised representatives and business name<\/li>\n<li>What product areas the adviser can provide advice on<\/li>\n<li>Any bans, disqualifications or enforceable undertakings<\/li>\n<li>Details around ownership of the financial services licensee and disclosure of the ultimate parent company where applicable.<\/li>\n<\/ul>\n<p>Senator Cormann acknowledged that, at present, the minimum adviser qualification requirement is governed by ASIC\u2019s Regulatory Guidance 146.<\/p>\n<p>\u201cWe are working with all relevant stakeholders on efficient and effective ways to lift professional, ethical and educational standards across the financial advice industry. As we progress relevant improvements, in particular to educational standards, those improvements will immediately be reflected as appropriate within the structure and operation of the financial adviser register,\u201d Senator Cormann said.<\/p>\n<p>Further controversy erupted over the same media report\u2019s claim that not all professional association designations carried the same weight. The article stated that the Association of Financial Advisers (AFA) designation, the Fellow Chartered Financial Practitioner (FChFP) enables advisers without degrees to gain a qualification by completing four subjects of a non-technical nature, and without having to pass an ethics component.<\/p>\n<figure id=\"attachment_25700\" aria-describedby=\"caption-attachment-25700\" style=\"width: 150px\" class=\"wp-caption alignright\"><a href=\"https:\/\/riskinfo.com.au\/news\/files\/2014\/03\/Brad-Fox-B-21.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-25700\" src=\"https:\/\/riskinfo.com.au\/news\/files\/2014\/03\/Brad-Fox-B-21.jpg\" alt=\"AFA CEO, Brad Fox\" width=\"150\" height=\"180\" \/><\/a><figcaption id=\"caption-attachment-25700\" class=\"wp-caption-text\">AFA CEO, Brad Fox<\/figcaption><\/figure>\n<p>AFA CEO, <strong>Brad Fox<\/strong>, said the statement was \u201cquite simply wrong\u201d, highlighting that the FChFP does require extensive technical knowledge assessment, and that one quarter of the designation is devoted to ethics and professional conduct.<\/p>\n<p>\u201cThe FChFP is the most effective professional pathway by which an experienced adviser without a degree can attain a qualification that is assessed at a standard higher than that required by a student completing an undergraduate degree,\u201d Mr Fox said.<\/p>\n<p>\u201cProfessional financial advice is the result of the right knowledge, attitudes, actions and behaviours of advisers. Both advisers with a relevant degree and those with other qualifications and good experience, but without a degree, need to have access to a professional designation course that supports them in the provision of quality financial advice.\u201d<\/p>\n<p>The industry is invited to provide feedback on the Treasury\u2019s proposal, and submissions will remain open until 17 December. <a href=\"http:\/\/www.treasury.gov.au\/ConsultationsandReviews\/Consultations\/2014\/Enhanced-register-of-financial-advisers\" target=\"_blank\" rel=\"noopener\">Click here<\/a> to read the draft Regulations.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The release by Treasury of the draft arrangements for the new public adviser register has been marred by controversy.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[282,8,248],"tags":[],"class_list":{"0":"post-28188","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-associations","7":"category-compliance-regulation","8":"category-training","9":"headers-new"},"_links":{"self":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts\/28188","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/comments?post=28188"}],"version-history":[{"count":0,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/posts\/28188\/revisions"}],"wp:attachment":[{"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/media?parent=28188"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/categories?post=28188"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/riskinfo.com.au\/news\/wp-json\/wp\/v2\/tags?post=28188"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}