Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 324

Three financial advice changes nobody is talking about

The long-suffering consumer of financial services has plenty to be pleased about thanks to sweeping industry reforms. The initiatives mark a renaissance for genuinely independent financial advice. There are reforms, however, of which the majority of financial planners and their clients are largely unaware.

Commissioner Kenneth Hayne examined some 10,000 submissions and conducted seven (very) public hearings to arrive at 76 recommendations addressing the problem of trust in financial services. Some of those recommendations have already been implemented by the government, and almost all of the rest will be underway before the end of June 2020, although most people do not realise it.

Treasury’s Financial Services Royal Commission Implementation Roadmap is linked here. Here is a summary of four major changes, three of which are being largely ignored.

1. Definition of 'independent' adviser

On 20 August 2019, the Federal Treasurer, Josh Frydenberg, announced that legislation will be introduced so that financial advisers are not permitted to provide advice to a new client without first declaring whether they are classified as ‘independent’ under the law – and, if not, explaining the reasons why not.

The Commissioner said conflicts of interest are “deep-seated issues” at the heart of the many instances of poor advice aired in his hearings. The Future of Financial Advice (FoFA) reforms that started in July 2013 failed to deal with conflicts of interest properly, he said, and the new FASEA standards would likewise fail. He explained that neither increased education nor better disclosure would be sufficient because the “flawed premise” that conflicts can be managed is, in fact, the real problem.

Under existing laws, an adviser is required to ‘manage’ conflicts of interest and disclose, in general terms, certain information about the advice provider. However, there is no requirement for an adviser to bring to the client’s attention the conflicts that prevent the adviser from being independent under the law.

Hayne’s Recommendation 2.2 introduces this obligation by referring to the Financial Services laws relating to independent financial advice, something that few financial advisers fully satisfy. For an adviser to describe his or her services as ‘independent’, ‘impartial’, or ‘unbiased’ (or even similar words such as ‘independently owned’ or ‘non-aligned’) certain conditions must be met, described in section 923A of the Corporations Act. This ‘independence law’ reads like a list of the obstacles to independence:

  • receiving commissions
  • conflicted remuneration (such as fees calculated on the volume of business placed, also known as ‘asset fees’) and
  • associations with product issuers.

Furthermore, in circumstances where an adviser might satisfy these conditions as an individual, yet the adviser’s Financial Services Licensee permits any of its other advisers to have these conflicts, the adviser still fails the independence test.

As yet unseen legislation to be introduced to Parliament by 30 June 2020 will ensure any adviser who does not meet the requirements set out above will – before providing advice – be required to bring that fact to the client’s attention and to explain, prominently, clearly and concisely, why that is so.

2. Annual, in advance opt-in

One of the pieces of evidence tabled during the Royal Commission came to be known as the ‘Fees for No Service’ scandal, where clients were found to be paying fees, in some cases for many years, without receiving any service. The Commissioner said this had been allowed to happen because FoFA’s ‘opt-in’ laws were ‘backward-looking’.

Under existing laws, where a client has entered into an ongoing fee arrangement with a financial adviser, the adviser must give the client an annual Fee Disclosure Statement setting out:

  • the amount of each ongoing fee paid in the previous year
  • information about the services that the client was entitled to receive during the previous year, and
  • information about the services that the client actually received under the arrangement.

Recommendation 2.1 from the Royal Commission reverses this to an annual, ‘forward-looking’ arrangement which:

  • must tell the client clearly what fees he or she will pay, and what services he or she will receive in exchange for those fees, and
  • must not permit or require the deduction of fees from any account held by the client except with the client’s express written authority, which must also be renewed annually.

Frydenberg’s legislation will effectively make illegal the ongoing fee arrangements most advisers operate under. It will no longer be possible for ongoing fee arrangements to exist where the client is not engaged with his or her adviser.

3. Ban on superannuation advice fees

Australians’ retirement nest egg is worth nearly $3 trillion. As expected with such a vast sum of money involved, the potential for conflicts of interest is obvious. The Royal Commission heard evidence, for instance, that superannuation funds often permit members to pay for financial advice out of their super accounts. The member might, however, be seeking advice much broader than the subject of his or her superannuation assets alone.

Commissioner Hayne noted that the sole purpose of superannuation is to provide for retirement income. He put superannuation trustees on notice that where advice fees are deducted from member accounts that advice must be limited to the superannuation itself.

However, he went further in the case of the MySuper default accounts. “It’s difficult to imagine circumstances in which a member would require financial advice about their MySuper account,” he said, and recommendation 3.2 banned any advice fees being deducted from MySuper accounts. The Commissioner further clarified with recommendation 3.3 that any advice fees deducted from a superannuation account will need to conform with the new rules about ongoing fees, captured under recommendation 2.1.

4. The end of grandfathered commissions

This final change is better understood and publicised than the three above, but it is worth highlighting given its significance.

The 2013 FoFA reforms were intended to improve trust in the financial services industry. Unfortunately, extensive lobbying by deep-pocketed stakeholders watered down the effect of many of its key initiatives. FoFA more accurately stands for the ‘Failure of Financial Advice’, described one writer recently.

A good example was the notion to ban ‘conflicted remuneration’. The government conceded a raft of exceptions so that eventually the definition of conflicted remuneration had more holes than a sieve. Trailing commissions in place before FoFA commenced were one of those holes. Advisers were allowed to continue receiving unearned income that ASIC says accounted for nearly one-third of their total income, an exception known as ‘grandfathered commissions’.

Hayne’s recommendation 2.4 proposed to end the grandfathered commissions and legislation introduced in August 2019 to ban grandfathered commissions passed through the House of Representatives. At time of writing, it is in the Senate where no significant opposition is expected.

Good news for both consumers and advisers

For years now, ASIC has conducted surveillance activities consistently concluding there is an unshakeable connection between poor advice and conflicts of interest.

The good news for consumers is that genuinely independent advice will become a lot more common than it is today. For advisers, there is a real opportunity to shrug off the shackles of a gravy train culture and enjoy the respect and trust that comes with being a member of a profession.

 

Daniel Brammall is President of the Profession of Independent Financial Advisers. This article is general information based on an understanding of proposed legislation.

 

  •   18 September 2019
  • 8
  •      
  •   
8 Comments
Gary M
September 18, 2019

Talk about major changes - an annual opt-in after being told the fees, limits to super advice fees, independence ... now I understand better why the banks are exiting most of their advice businesses.

David R
September 18, 2019

This was inevitable. When the banks finally realised the party was over and headed for the door it was only a matter of time. It's a shame financial planners are being made to be trustworthy rather than stepping up to the plate off their own bat.

Julie
September 18, 2019

I went to a financial planner for advice about an inheritance. The 'adviser' paraded the usual suspects in front of me but I had seen these guys on the ABC so went to them to get a second opinion -- there were only a few at that time. They're growing but far too slow.

Stewart
September 18, 2019

I think the term "independent" is at times used to infer that the advice will be better, and non "independent advisers" are driven by greedy commissions or other conflicted remuneration. Why is the advice (I mean the strategy) conflicted if the planner gives excellent strategic advice and then keeps the clients in their existing industry funds. How is that advice worse than that being given by those you nail the "independent" sign on the door. That advice is not conflicted but because the AFSL may be owned by a bank it is? - Well yes it is because the bank manufactures a product, even if it wasn't used. The nasty flip side is you have some "independent" advisers who sell their own products via SMSF admin or MDA's or their own investments, which they receive income from. How is that any any more independent then selling a bank owned fund in which you receive nothing - no commissions, no incentives. It's not. So hold on tight because we will see some big name financial planning firms come to grief once ASIC have finished gutting the big fish. Not naming any names...

Trent
September 19, 2019

Agree. There are so many financial planners calling themselves independent when they have a vested interest in the ‘advice’ they’re giving.

Mark
September 21, 2019

Unfortunately the conflicted environment that the non-independent advisers operated in and far too many took advantage of, as the Royal Commission showed, ruins it for those that may provide the excellent strategic advice that you state. As a result, that excellent strategic advice will now need to operate with the far cleaner environment of being Independent.
Comparing the ideal of non-independent with the worst of the independent doesn't hold any water given the Royal Commission hearings.

Tom
September 22, 2019

Surely financial advisers weren't blind to these "deep seated issues" of conflict of interest. Was it too lucrative or too comfortable for them to put a stake in the ground and say "that's enough" and become independent?

Wildcat
August 11, 2021

It is clear that many of these comments are based on media stories and not based on an understanding of facts.

Hayne struggled with some of the most fundamental and problematic issues and as a consequence didn't address the cause of most of the problems, vertical integration.

So Gary M, you are not referred to in my first line as this was one of the few posts that was correct.

 

Leave a Comment:

RELATED ARTICLES

Four things advisers can do to manage conflicts

Royal Commission 2: Goodbye grandfathering, hello fee-for-service

The saga of FoFA (so far) - a reprise from 2014

banner

Most viewed in recent weeks

Why spending more in early retirement can improve lifetime income

Conventional wisdom encourages retirees to preserve superannuation. But if those likely to qualify for the Age Pension later in life spend a little more today, it may deliver higher lifetime income and a more stable retirement.

Testamentary trusts have secured the CGT exemption

Treasury’s latest CGT reform draft delivers a win for testamentary trusts and deceased estates, exempting estate-derived gains from the 30% floor. However, questions on death and divorce rollovers remain unresolved.

Meg on SMSFs: What do we think about reversionary pensions these days?

Reversionary pensions have long been a staple of SMSF estate planning, but are they still the best option? Meg Heffron revisits a once-clear favourite and asks whether changing super rules have shifted the balance.

Is it time to bail on Australian stocks?

For generations, Australian investors have backed banks, miners and dividends. But has that loyalty come at a cost? A look at the numbers raises an uncomfortable question about where future returns will come from.

How does the 4% rule stack up?

The 4% rule has long been retirement's gold standard. But after a difficult period for investors, fresh analysis suggests a more conservative approach may significantly improve the chances of making savings last.

Testamentary trusts survived the trust tax. The drafting battle has just begun.

The fight over testamentary trusts looked settled. Then the draft legislation arrived. Hidden in a technical detail is a question that could force many families to rethink wills they thought were already future-proof.

Latest Updates

Planning

How the typical Australian Family could save $844,350 in taxes

The value of a testamentary trust is not determined by wealth alone. Depending on circumstances, it can reduce the tax burden on inherited income, create efficiencies and help build intergenerational wealth.

Superannuation

There's a reason why your super is locked up until your 60s

For decades, it seemed settled. Then one controversial idea reignited a debate that could reshape the financial future of millions. The real question isn’t who’s right or wrong, but whether a long-held assumption deserves another look.

Property

The housing slide could become a crash

House prices are sliding across Australia, yet the most dangerous ingredient for a housing crash is still missing. If job losses surge amid growing economic risks, today's correction could become a historic property downturn.

Retirement

Under-retiring: The greatest retirement risk in a generation

Two retirees. Similar savings. Completely different lives. New research from Challenger reveals why some Australians confidently spend in retirement while others hold back and the overlooked factor shaping retirement decisions.

Five risks to watch in markets

Things you may often hear are: a recession is around the corner, markets are overpriced, the AI sector is about to flop at any moment. It’s like the never-ending laundry pile that sits in my house, it never really disappears.

Investment strategies

Do you qualify as ‘rich’?

What does it mean to be 'rich'? For something so universally desired, it is surprisingly difficult to define. That ambiguity creates a challenge for investors and raises a bigger question about what financial success really looks like.

Investment strategies

If you’re worried about your bond portfolio, you’re missing the point

Most investors think they know what bonds are for. But when markets turn volatile, a surprising misunderstanding can lead to costly decisions. Here’s the overlooked lesson that could change how you view your portfolio.

Alliances

  • ASA-Logo-RGB-ActiveGreen-web.png

© 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.