Australia

  • ASIC to increase surveillance to monitor compliance with PI insurance requirements
  • AFS licensees should check their PI policy to determine whether cover is adequate
  • Insurers should review their PI offerings to ensure cover is compliant with RG 126

Following an eight month review, ASIC has released its findings on the PI insurance market and areas of regulatory risk for AFS licensees providing financial product advice to retail clients on Tier 1 products (referred to as ‘advice licensees’).

While the availability of PI insurance cover has improved, ASIC found that not all advice licensees have adequate cover.

ASIC detected compliance issues in five key areas and signalled an intention to increase surveillance of advice licensees to monitor compliance. ASIC’s position is that these issues should be addressed by the industry.

The drive towards automated financial services will gather pace in 2016 and here’s the next opportunity to influence the debate.

After updating its relief to better facilitate electronic delivery of mandated disclosure and the use of innovative product disclosure statements (see RG 221), ASIC has released Consultation Paper CP 249 Remaking ASIC class order

Continued market consolidation, technology driven disruption and a shift towards behavioural based conduct regulation were the standout themes in the Australian insurance sector over the last 12 months. We take a brief look at the year that was and share our thoughts on what 2016 looks like.

Keep ahead or be left behind: rise of

This blog post was co-authored by Phoebe Saintilan

The ‘Paris Agreement’ was adopted on 12 December 2015 at the COP 21 UN Climate Change Conference (Conference). It may potentially herald the end of the fossil fuel era and a global move towards a low carbon future and renewable energy. This will undoubtedly influence

Greg Medcraft made some very encouraging impromptu comments at the COALA/CBA Blockchain Workshops conference in Sydney on 10 December that are consistent with the renewed push to facilitate technology-led innovation in Australia.

Mr Medcraft indicated that the Australian Securities and Investments Commission (ASIC) is willing to support the modification of Australian law to the extent

Just as telematics has been supplementing motor vehicle insurance underwriting, Australia’s health and life insurance markets are embracing innovative technologies in the form of “wearables”.

Underwriters traditionally rely on pre-policy questionnaires and proposal forms to assess risk and set the terms of cover they will accept; however, the information that can be obtained provides only

APRA’s discussion paper and proposed new APS 120 provide some welcome clarification and concessions for Australian market participants.  Released on Thursday 26 November 2015, the proposals will be open for comment until 1 March 2016.  The proposed effective date for these rules in 1 January 2018.

Amongst the more important proposals are:

De-facto master trust

  • The Government’s response to the FSI contains both good and bad news for insurers and brokers
  • One issue of concern is the proposal that ASIC must approve all changes in control of AFS Licensees.  This will significantly expand such regulatory oversight beyond authorised insurers to a multitude of insurance brokers and underwriting agencies.

The good

Government releases its Response to FSI Final Report.

The Australian Government has released its Response to last December’s Final Report of the Financial System Inquiry or ‘Murray Inquiry’.

The Government appears to have accepted almost all of the Inquiry’s recommendations and has also proposed additional measures that are consistent with the Murray Inquiry’s underlying philosophy.