Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 2

Super misses out on government deposit guarantee

It’s called the Financial Claims Scheme, better known as the government deposit guarantee, and it provides comfort to millions of Australians who hold their savings in deposits with Australian banks, building societies and credit unions (collectively called Australian Deposit-Taking Institutions, or ADIs). Indeed, when the Treasurer, Wayne Swan, announced the revised scheme in September 2011, he wrote:

It will ensure that we continue to have one of the most generous and secure deposit insurance schemes in the world, and builds on the Government's record of ensuring our financial system remains among the strongest in the world.

But here’s the bothersome fact: the government guarantee on deposits does not apply to deposits offered in public superannuation funds.

Many financial experts and financial advisers are unaware of this, even the highest profile writers who are read by millions, which suggests nobody has corrected them. For example, I enjoy George Cochrane’s column in The Sun-Herald, down-to-earth and practical, but in response to a reader question, George wrote on 18 November 2012, “Looking at term deposits within super funds … term deposits are protected by the government guarantee up to $250,000 per individual per institution and are net of fees.” Sorry, George, not so.

Then the financial commentator with the highest profile of them all, Mark Bouris, in the same newspaper on 9 December 2012, writing about superannuation, said, “Transaction accounts, cash-management accounts, term deposits and accelerated savings accounts are all capital guaranteed by the government up to $250,000 per person. They are all zero-risk.” Sorry, Mark, not when they’re in public super funds.

Advisers and investors are failing to understand the legal structure of public superannuation funds in Australia in the context of the guarantee. All superannuation money must be invested through a trust that complies with the Superannuation Industry (Supervision) Act 1993 (the ‘SIS Act’). A superannuation fund is a trust controlled by a trust deed, and all members of a superannuation trust must be natural persons.

Therein lies the problem for the government guarantee. When an investor chooses a deposit option in a superannuation fund, it is the superannuation fund’s trustee which invests with the bank. The contract is between the bank and the trust, not the bank and the customer, and the trust is a single entity. This is unlike when an investor places a deposit directly with a bank, which it is a contract between the customer and the bank.

The Financial Claims Scheme applies per account holder per ADI. An account holder is defined as an entity, and both trusts and superannuation funds are entities. Therefore, the $250,000 cap applies to the entire trust, which might have several billion dollars of ‘deposits’, making a meaningless contribution to recovering money for an individual depositor if the underlying ADI cannot honour its obligations.

Public superannuation funds should never have allowed this to happen. Their clients are as much ‘natural persons’ as direct bank depositors, and they have left their clients in an inferior credit position, without telling them. They should have lobbied the government to amend it.

Why should this be a concern, when all ADIs are regulated by APRA in accordance with the Banking Act 1959? Well, just because an institution is regulated does not mean it cannot run into severe financial problems. Most people identify the term ‘ADI’ with the major banks, since they control about 80% of the deposit market. But take a look at APRA’s List of ADIs, which includes:

  • 18 Australian-owned banks
  • 8 foreign subsidiary banks
  • 40 branches of foreign banks (to which the Financial Claims Scheme does not apply)
  • 9 building societies
  • 91 credit unions

The potential for financial difficulties somewhere in these 166 institutions, notwithstanding the best will in the world by the regulator, is obvious. Any one of them could be accepting the investments of a public superannuation fund.

Most super members are probably assuming they have a full government guarantee if their own deposits are less than $250,000. You can expect that if one of these ADIs were unable to meet its obligations, and a financial adviser had placed client money into a deposit in a superannuation fund with exposure to that ADI, action against the adviser would follow for not knowing the operation of the Financial Claims Scheme.

In fact, Wayne Swan himself would probably be on shaky ground because his press release said the Financial Claims Scheme covered, “$250,000 per person per institution to protect the savings held in around 99 per cent of Australian deposit accounts in full.” The actual definition is not ‘per person’ but ‘per entity’, and this would be critical in a financial crisis.

So how do financial institutions offering both direct bank deposits and deposits in super funds handle this complex communication to customers? The simple answer is, in effect, they don’t.

For the best example, take a look at ING Direct, which offers all its products on one home page. It even has a home page notice, “For information about the Australian Government Deposit Guarantee, click here.” This click takes a client through to a full page on how the guarantee works, all the bank accounts it applies to, and a large FAQ section. Wonderful stuff for a well-informed investor, but no mention that it only applies to direct deposits with the bank.

Now click from the same home page to their new Living Super product, a high profile and impressive move into retail superannuation. Not one word can be found on the government guarantee, even though cash and term deposits are an important part of the product range.

Why is this? Because the guarantee does not apply to the super deposits, but like most financial institutions, ING does not let its super customers know.

It’s surprising the regulator, APRA, does not issue a clarifying statement, and the public superannuation industry does not lobby for a change. Or are they both hoping the issue will stay buried?

The application of the guarantee is yet another free kick for SMSFs, which can invest directly into bank deposits, and as the fund is a single entity, gain protection for the full $250,000 ‘per entity per institution’.

 

  •   12 February 2013
  • 6
  •      
  •   
6 Comments
Peter Cavanagh
February 20, 2013

Super contributions can be made to a Retirement Savings Account which is a deposit account that can also pay an allocated pension, and still be covered by the guarantee.

Steve Darke
August 10, 2016

I know this is an old post but perhaps Graham could comment:

Let's say you had an account in your name at a bank and an account in your SMSF's name at the same bank, would they be treated as the same entity? Or would you be covered for up to $250k in your name and $250k in the SMSF's name? Or do we need to wait for the first court case to find out?

Graham Hand
August 10, 2016

Hi Steve, the guarantee applies to deposits of up to $250,000 per investor per financial institution. Your SMSF is a separate legal entity to yourself, so you can access two lots of $250,000 with the same bank (or ADI), or more with other ADIs.

Kym Starr
September 10, 2016

Hello Graham, My question was the same as Steve Darke but we also have a business and from what i can so far read they are not covered by the guarantee. Could you please tell me if this is the case or they are covered. Thank you, Kim

Warren Bird
September 10, 2016

All answers can be found here.

http://www.guaranteescheme.gov.au/qa/deposits.html

E Radcliffe
July 27, 2021

What happens if I have $250000 in a bank account , as well as $280000 in my superannuation account. But the Superannuation company is owned by my bank? SO they fall under one umbrella. Does it mean that I will only get the government guarantee on the $250000 for my savings account with the bank?

 

Leave a Comment:

RELATED ARTICLES

Deposit guarantee bill passes but not for super funds

APRA imposes Single Customer View (SCV) for government guarantee

banner

Most viewed in recent weeks

Warren Buffett's final lesson

I’ve long seen Buffett as a flawed genius: a great investor though a man with shortcomings. With his final letter to Berkshire shareholders, I reflect on how my views of Buffett have changed and the legacy he leaves.

13 ways to save money on your tax - legally

Thoughtful tax planning is a cornerstone of successful investing. This highlights 13 legal ways that you can reduce tax, preserve capital, and enhance long-term wealth across super, property, and shares.

The housing market is heading into choppy waters

With rates on hold and housing demand strong, lenders are pushing boundaries. As risky products return, borrowers should be cautious and not let clever marketing cloud their judgment.

Why it’s time to ditch the retirement journey

Retirement isn’t a clean financial arc. Income shocks, health costs and family pressures hit at random, exposing the limits of age-based planning and the myth of a predictable “retirement journey".

Taking from the young, giving to the old

Despite soaring retiree wealth, public spending on older Australians continues to rise. The result: retirees now out-earn the young, exposing structural flaws in the tax system and challenges for fiscal sustainability.

Welcome to Firstlinks Edition 637 with weekend update

What should you do if you think this market is grossly overvalued? While it’s impossible to predict the future, it is possible to prepare, and here are three tips on how to best construct your portfolio for what’s ahead.

  • 13 November 2025

Latest Updates

Investment strategies

Howard Marks: AI is "terrifying" for jobs, and maybe markets too

The renowned investor says there’s no shortage of speculative investors chasing AI riches and there could be a lot of money lost in the process. His biggest warning goes to workers and the jobs which will be replaced by AI.

Property

The 3 biggest residential property myths

I am a professional real estate investor who hears a lot of opinions rather than facts from so-called experts on the topic of property. Here are the largest myths when it comes to Australia’s biggest asset class.

Retirement

Australia's retirement system works brilliantly for some - but not all

The superannuation system has succeeded brilliantly at what it was designed to do: accumulate wealth during working lives. The next challenge is meeting members’ diverse needs in retirement. 

Retirement

Retirement affordability myths

Inflated retirement targets have driven people away from planning. This explores the gap between industry ideals and real savings, and why honest, achievable benchmarks matter. 

Retirement

Can you manage sequencing risk in retirement?

Sequencing risk can derail retirement, but you’re not powerless. Flexible withdrawals, investment choices and bucketing strategies can help retirees navigate unlucky markets and balance trade-offs.    

Retirement

Don’t rush to sell your home to fund aged care

Aged care rules have shifted. Selling the family home may no longer be the smartest option. This explains the capped means test, pension exemptions and new RAD exit fees reshaping the decision.

Shares

US market boom-bust cycles - where are we now?

This gives comprehensive data on more than 100 years of boom and bust cycles on the US stock market - how the market performed during these cycles, where the current AI uptick sits, and what the future may hold.

Property

A retail property niche offers a lot more upside

Retail real estate is outperforming as a cyclical upswing, robust demand and constrained supply drive renewed investor interest. This looks at the outlook and the continued rise of convenience assets. 

Sponsors

Alliances

© 2025 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.