Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 317

Review creates challenges for super outcomes

The recently released Capability Review of the Australian Prudential Regulation Authority (APRA) made three recommendations that are specifically aimed at superannuation. These recommendations hold significant implications for how the industry might be regulated in future.

Recommendation 5.1 calls for the establishment of a dedicated Superannuation Division within APRA. This sensible proposal recognises that superannuation differs in fundamental ways from banking and insurance. Superannuation funds invest on behalf of members for uncertain outcomes, and fund trustees have a fiduciary duty to members. Banks and insurance companies make promises related to fixed amounts, and the duty of directors has (traditionally) been to the shareholders that provide the capital. Superannuation should be viewed through a dedicated lens.

Recommendations 5.2 and 5.3 are aimed at cementing member outcomes as a central focus for APRA. This will inevitably change the aspects that it pays attention to when regulating the industry.

The remainder of this article discusses some issues that arise from this shift in focus.

A move from financial stability to member outcomes

As a prudential regulator, APRA’s role is forward-looking and relates to how the financial industry operates and the potential implications. Its mandate spans a broad range of elements, with Section 8(2) of its governing act stating:

“APRA is to balance the objectives of financial safety and efficiency, competition, contestability and competitive neutrality and, in balancing these objectives, is to promote financial system stability in Australia.”

Until recently, APRA pursued its mandate within superannuation by primarily addressing the financial stability of the funds themselves. The Review issues a loud shout for APRA to focus on member outcomes. This gives impetus to a shift that was already underway following the Hayne Royal Commission, both within APRA itself, and through the recent ‘member outcomes’ bill giving it power to take corrective action against funds that are not acting in members’ best interests.

The Review envisages APRA becoming a champion for members, backed up by the structure, resourcing and ethos to do so.

Previous mechanisms have been weak

The broad thrust of focusing on member outcomes is welcome. Although fund trustees have a fiduciary duty to act in the interests of members, the problem is that the mechanisms for ensuring that trustees are doing their jobs properly have been weak. The members themselves do not apply much pressure. Their main disciplining mechanism is through exercising fund choice, but most members lack the interest, knowledge or confidence to do so. Many just accept the default, often on trust.

Gatekeepers like corporate sponsors and financial advisers can exert some influence, but operate only in certain parts of the market. Research and consulting houses offer fund comparisons. However, none of these groups can be relied on to champion member interests in a comprehensive manner.

Having APRA on the look-out for member interests will provide both a valuable check on whether funds are doing what is best for their members, and a source of stimulus for change when required. The fact that funds know that APRA is watching will help ensure they stay in line.

Nevertheless, there are issues around implementation. Member outcomes are delivered at the product and service level. How deep does APRA go? At the top end, APRA could aim to satisfy itself that funds are giving deep consideration to member interests in designing their product offerings and ancillary services such as advice. At the bottom end, APRA might drill down to examine the products or services in some depth. It currently does this with MySuper authorisation.

Will APRA push at a product level?

The Review seems to be implying a deeper product-level focus. Recommendation 5.2 suggests that APRA: “publish objective benchmarks on product performance” and “collect product level data that facilitates accurate assessments of outcomes and comparability across funds”.

Will APRA not just place pressure on funds to adjust their governance structures, processes and behaviours, but also provide direction on product and service design?

How APRA might drill down into the product level in an efficient manner is an open question. What can they handle effectively? How can they avoid regulatory over-burden? How do they share the task with ASIC?

Finally, the APRA Review seems to place store in collecting product level data as a means to identify underperforming funds, and perhaps help drive competition by informing members. More product-level data is definitely needed.

However, past performance often contains more noise than signal. And making past performance the focal point of attention can drive dysfunctional behaviours such as return-chasing, short-termism and performance manipulation. We are starting to see dysfunctionalities from the focus on fees, such as funds passing over investments that may benefit members because they are more expensive. Once stipulated and monitored, a measure can become the target in itself.

APRA might be better off focusing on how funds approach the task of delivering value to members than concentrating on past member outcomes or the intricacies of product design. Why not let the funds work out what is best for their members, and concentrate on whether they are diligently pursuing their fiduciary duty in doing so?

 

Geoff Warren is an Associate Professor from the College of Business and Economics at The Australian National University.

 

  •   31 July 2019
  •      
  •   

 

Leave a Comment:

RELATED ARTICLES

Extending performance tests to retirement super is a bad idea

Meg on SMSFs: Winding up market linked pensions with care

SMSF returns competitive with big funds at $200,000

banner

Most viewed in recent weeks

How cutting the CGT discount could help rebalance housing market

A more rational taxation system that supports home ownership but discourages asset speculation could provide greater financial support to first home buyers.

Want your loved ones to inherit your super? You can’t afford to skip this one step

One in five Australians die before retirement and most have not set up their super properly so their loved ones can benefit from all their hard work and savings. 

Super is catching up, but ageing is a triple-threat

An ageing Australia is shifting the superannuation system’s focus from accumulation to the lifecycle of retirement. While these pressures have been anticipated for decades, they are now converging at scale and driving widespread industry change.

Has Australia wasted the last 30 years?

The 20 years after Peter Costello left Treasury have been deemed wasted...by Peter Costello. The missed opportunities for Australia began long before.  

Meg on SMSFs: Last word on Div 296 for a while

The best way to deal with the incoming Division 296 tax on superannuation is likely doing nothing. Earnings will be taxed regardless of where the money sits, so here are some important considerations.

The 5% deposit scheme is bad for homeowners and Australia

An ‘affordability’ scheme making the county more vulnerable to economic shocks and contributing to the deteriorating financial situation of everyday Australians.

Latest Updates

Investment strategies

The thin line between investing and gambling

Prediction markets are blurring the line between investing and speculation and savvy investors can profit from this trend by heeding the advice of famed investor, Benjamin Graham.

Strategy

The refinery problem: A different kind of energy crisis in 2026

The Strait of Hormuz closure due to US-Iran conflict severely disrupted global energy supply chains. While various emergency measures mitigated the crude impact, the refined product market faces unprecedented stress.

Gold

Are we running out of gold?

Geopolitical instability and challenges with new gold discoveries mean we may be approaching a structural shortage of mineable gold, but what does this mean for gold's overall long-term availability?

Investment strategies

ETF investors adding to portfolios during recent volatility

In the face of recent market volatility investors continue to add to their ETF portfolios with these ETFs getting notable inflows, indicating that long-term fundamentals remain solid.

Strategy

Policy setting in democracies

Democracies aren’t a given, and policymakers need to be mindful not to alienate communities and instead be more aligned with mainstream ideas and attitudes. 

Investment strategies

Take my money and lie to me… again

As private funds increasingly show signs of cracking and buckling under a complete lack of liquidity, the salespeople do their best to keep the cash pouring in from new investors. 

Economy

Australia was once a world leader in innovation, now the system is ‘broken’

Ambitious Australia joins a long line of reports examining research and development, finding Australia has fallen behind its peers on many fronts. It urges bold reform to address declining productivity and research spending.

Sponsors

Alliances

© 2026 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.