Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 1

Will the new rules for financial advice make a difference?

From 1 July 2013, investment managers and platforms will be banned from paying commissions on new business to financial advisers. In my opinion, this is a positive step and should have happened years ago. However, the industry’s tardiness in addressing such ‘conflicted commissions’ has resulted in additional regulations which apply to any advice fees that are deducted from clients’ accounts, not only the commissions.

Financial advisers will be required to send clients an annual fee disclosure statement, and every two years clients will have to sign an agreement to allow those fees to continue to be deducted. The catalyst for these measures was the implosion of Storm Financial, but there have been a number of similar collapses which resulted in heavy losses for investors. High commissions and conflicted advice were adjudged to be the main culprits, but percentage-based advice fees which were deducted from a client’s investment also came under attack. The Government view is that advisers should charge a ‘fee for service’ via an invoice, just like other professional service providers such as accountants and lawyers.

Another unexpected legislative change was that insurance commission in super will be banned, but not if the insurance is arranged outside super.

The major objectives of the legislation – unbiased advice with clearly identified charges that are agreed in advance – are commendable, but do they address the original problem, are they fair and will they work? It is possible that the legislation ignores some ‘inconvenient truths’ which have not been addressed or even satisfactorily debated.

Inconvenient truth 1

There is a fundamental difference between commissions and percentage-based service fees. Commissions are hidden payments to advisers (usually via their dealer groups or licensees) by fund managers or platforms which the client cannot access, even if they sack the adviser. Asset-based service fees are mutually agreed, transparent fees paid to the adviser by the client from their account balance.

Inconvenient truth 2

The legislation encourages ‘fee for service’ invoicing, which doesn’t suit many clients in need of financial advice such as working families with a mortgage to pay, kids to educate, elderly parents to look after, and student children living at home. These people invariably have a cash flow problem already. Given a choice between paying an annual invoice and having the money deducted from their super account, they invariably choose the latter.

Inconvenient truth 3

Australian investors have lost lots of money where criminal or fraudulent activities by advisers, or bad product design by manufacturers, are involved. Commissions were often a symptom but not the underlying cause. Provident Capital and Banksia have recently gone into receivership, and clients will lose a serious amount of money. Their mortgage income products did not pay commission and were sold directly to the general public.

Inconvenient truth 4

Licensees and dealer groups are responsible for the training of their employees and representatives and have absolute responsibility for their actions and advice. In turn, these organisations are regulated by ASIC which is supposed to make sure the licensees are operating properly and identify any misdemeanours. If this system is not working, it will not be fixed by banning commissions and better fee disclosure.

Inconvenient truth 5

Insurance commission for advisers in super is usually a relatively small amount of money deducted on an annual basis from a client’s account. Insurance outside super is usually a relatively large upfront commission payment with a relatively small amount paid annually. The former will be banned, the latter will not. Ask yourself whether this measure will see Australians receive advice that is in their best interests.

It is extremely difficult to charge fairly for insurance advice. There is a lot of work involved in setting up an insurance policy, possibly not much while it’s in force but a huge amount if a claim needs to be made. Insurance providers work on the premise that everyone pays a relatively small amount of money in order to cover the payouts given to those unfortunate few. Consequently, it seems logical for a financial adviser to use the same principle – receiving small monthly commissions from everyone in order to subsidise the high cost of assisting with a claim. It’s not perfect, and there is a high degree of cross subsidisation, but surely this is better than charging a grieving spouse hundreds of dollars at the worst possible time.

Inconvenient truth 6

The average financial adviser does not make much money. The cost of running an independent financial planning practice is rarely less than $250,000 per annum. Expenses include office rental, support staff, professional indemnity insurance, compliance costs, research, licensee fees, IT, accounting, auditing, and on it goes. The majority of these costs have to be paid monthly. Statistics from the Corporate Super Specialists Alliance reveal that the average superannuation balance is around $20,000 and the average commission is 0.44% per annum. After GST and company tax, this adds up to $56 a year for the average client.

Inconvenient truth 7

The ‘opt in’ provisions require a client to move from an arrangement which the client can stop at any time to one where they are committing to paying advice fees in advance. Many clients will choose not to pay, and go without the advice they need. How can this be a beneficial change?

 

I agree that commissions are bad and should be banned. I agree that many financial planners focus primarily on selling product, and this is also bad. However, I fear that the new legislation will drive many small-to-medium financial planning practices out of business. Our profession has the potential to do an enormous amount of good. Australians need a thriving, well diversified financial planning industry in order to receive good advice about cash flow, debts, investments, super, insurance, estate planning and tax. Let’s not throw the baby out with the bathwater.

 

  •   2 February 2013
  • 1
  •      
  •   
banner

Most viewed in recent weeks

Testamentary trusts post-budget: Estate planning, tax reform and the ‘death tax’ debate

Proposed Budget changes to taxation are casting new uncertainty over testamentary trusts, prompting closer scrutiny of estate planning structures and the real implications of reforms still taking shape.

High quality businesses are on sale

Beneath the dominance of the ASX's largest stocks, much of the market has been left behind. High-quality companies are now trading at levels rarely seen, offering opportunities for investors willing to look deeper.

The strange effect of the 30% minimum capital gains tax

The 30% minimum tax on capital gains sits at the heart of the budget's proposed reforms. Yet the mechanics reveal anomalies that introduce unexpected distortions that raise questions about its design.

Meg on SMSFs: The CGT changes don’t impact super but what about Div 296 tax decisions?

New CGT rules could tip the scales in the super vs non-super debate. For those facing the Division 296 tax, the case for withdrawing has gotten more complex. A "comparison rate" tool may help assess decisions.

Does your will qualify for the discretionary testamentary trust exemption?

Treasury has confirmed the exemption many families were hoping for. But buried in the fine print are two conditions that could leave some wills on the wrong side of the exemption, despite years of careful planning.

Ranking three common retirement strategies

The defining challenge of retirement isn't just about building wealth, it's about converting your lifetime savings into sustainable income. A holistic understanding of different strategies can improve long-term outcomes.

Latest Updates

Planning

Does your will qualify for the discretionary testamentary trust exemption?

Treasury has confirmed the exemption many families were hoping for. But buried in the fine print are two conditions that could leave some wills on the wrong side of the exemption, despite years of careful planning.

Lithium's latest drop and what it means for ASX investors

Lithium's latest sell-off has punished ASX miners as prices remain hostage to shifting expectations. The key challenge is navigating a market prone to extreme volatility despite a strong case for the long-term demand outlook.

Investment strategies

CGT reform and fund turnover: who really feels the impact?

The implications of CGT reform are far and wide. As the 50% discount gives way to inflation indexation, turnover and return profiles may become critical drivers of after-tax performance. Some strategies face a far greater hit.

Superannuation

Super was built for a very different Australia

Our retirement system was built around assumptions that no longer hold. Lower homeownership, longer lifespans and changing expectations are exposing cracks that policymakers and super funds need to address.

Retirement

Retirement in reality - 4 months in

Many people spend years planning financially for retirement but little time preparing for what comes next. Four months in, here are the surprising lessons I've learnt on finding purpose, social connection and healthy habits.

Investment strategies

After the Budget, Australia needs its own definition of quality

As tax reforms reshape investment incentives, investors should rethink what quality investing means in the uniquely concentrated Australian market, where traditional frameworks may not translate as effectively.

Datacenters are the new shale oil

Why are tech giants pouring billions into datacentres when the economics look questionable? The most dangerous words in investing may be: "everyone else is doing it". Today's AI boom has striking parallels with the shale bust.

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.