It is no government secret that all too often, big policy decisions are made behind closed doors and rolled out to an unsuspecting sector of the economy when the political timing is right.
But in a welcome change of gears, the financial advisory services industry will not have to run after the ‘bus’ of legislative reform. This week, representatives of the accounting profession and financial planning industry came together with policymakers in federal government to broker an agreement on how financial planners who provide taxation advice will be regulated going forward.
In a watershed moment for policymaking in financial advisory services, the Assistant Treasurer and Minister for Financial Services and Superannuation, the Hon Bill Shorten MP, facilitated the agreement of a set of principles governing the regulation of financial planners who provide tax advice as part of financial planning services.
The new principles place consumer protection as the centrepiece of the design of the new regime.
The agreed principles spell out that ASIC would be the key agency for interacting with financial planners and consumers in relation to tax advice provided as part of financial planning services. This would minimise duplication and red tape. However, ASIC would be supported by a strong and collaborative arrangement with the Tax Practitioners Board to utilise expertise (tax and finance), and ensure that consistent approaches to regulation can be implemented as far as possible.
This is a welcome milestone on a policy issue that has been lingering for well over 12 months, when financial planners were excluded from new rules introduced to regulate all tax advisory services and deliver consistent consumer protection measures to Australians who rely on that advice.
The details of this model are still being developed so changes are not yet applicable, but what is clear now is that the government will ultimately require planners to comply with specific competency standards in relation to the provision of tax advice; something that to this point, has not been a key feature of the existing Australian Financial Services licencing regime.
The Institute will continue to talk to the government throughout this ongoing process in the lead-up to the release of Exposure Draft legislation for public consultation in the next few months.
Overall, this is a very good outcome that prioritises the interests of consumers above other interests - precisely what you should do when you look to make important public policies changes such as this.
More information can be found on the Institute's website.
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This sounds like a permanent 'carve out' that has been given to financial advisers to allow them to continue to be regulated by the main body that regulates the financial advice industry, ASIC and not to have a second registration and regulator. This carve out has been given on the grounds that it makes sense. This is exactly the type of 'carve out' that accountants have been requesting from the duplication of regulation in respect to financial services. Why is there a difference in the way accountants are treated compared to financial advisers?
ReplyDeleteI agree with Scott. If accountants, BAS providers and even quantity surveyors need to be regulated by the Tax Agents Board, why should this be any different for financial planners. I have seen financial planners giving tax advice when they have no idea. The institute should be ashamed not pleased to put their members on a differnt playing field.
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