Money Management | Vol. 33 No 3 | March 14, 2019

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MAGAZINE OF CHOICE FOR AUSTRALIA’S WEALTH INDUSTRY

www.moneymanagement.com.au

Vol. 33 No 3 | March 14, 2019

INVESTMENT CENTRE

Global fixed income hangs in China/US trade balance

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FUNDS MANAGEMENT

The case for performance fees

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30

TOOLBOX

Means testing for lifetime income streams

Is advice really advice without a product recommendation?

LIFE/RISK

BY MIKE TAYLOR

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Insurers clearly signal their backing for life/risk advisers THE major life/risk insurers have made clear they see financial advisers as being integral to the industry and have sent a clear message that any move to eliminate life/risk commissions after the 2021 review of the Life Insurance Framework (LIF) should be carefully thought through. Senior executives within TAL, MLC Life Insurance In and Integrity Life have all made clear they have concerns about the consequences of ending life/risk commissions. TAL chief executive, Brett Clark said the company believed that community access to high quality financial advice and that, regardless of the remuneration framework, a vibrant financial advice sector supporting well informed customers was essential. Clark said the LIF reforms had set out a commission framework to properly balance and align customer and adviser outcomes and that TAL support that framework. “Any further changes beyond the scheduled 2021 review need to be examined carefully,” he said. Integrity Life chief executive, Chris Powell said life insurance products were complex and not well understood by consumers and on that basis professional risk advisers played a key role in analysing the life insurance needs of the consumer and recommending appropriate products and levels of cover based on the

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specific needs of their client. Powell said that while it might be true that there was always an element of conflicted remuneration in any commission, it was also true that Australians were unlikely to place the same level of value on the advice provided if they were required to pay for it separately. “Thus, any proposal to remove commissions completely is likely to significantly reduce the levels of professional life risk advice taken up by the community as a whole,” he said. “Integrity Life strongly believes the decision to receive commissions or reduce them and move to a fee for service model is best resolved through transparency and agreement between the adviser and their client.” MLC Life Insurance’s chief customer officer, retail and group insurance, Sean McCormack said the company supported a sustainable advice model and that currently, commissions – as a part of LIF – were an important part of this model. “We support the LIF review by ASIC scheduled for 2021 and commend Commissioner Hayne on his recommendation that this review be continued. Our fear is that, without a robust alternative approach, reducing commissions to zero has the potential to push access to advised insurance out of reach for Australian’s on middle incomes.”

Full feature on page 14

A NEAR TWO decade-old legislative drafting decision needs to be corrected before product can be properly and permanently separated from advice, according to former dealer group chief executive and current adviser group board member, Paul Harding-Davis. Harding-Davis, who was part of the industry response to the Financial Services Reform Act process said that the problem lies in the fact that, at law, there is no financial advice unless it relates to the recommendation/sale of a product, “To put it bluntly - there is no such thing at law as financial advice unless there is a recommendation (sale) of a product,” he said. “It’s been around for so long that few people seem to understand what is ‘advice’ in terms of the Corporations Act.” Harding-Davis cited RG 36.19 which defined financial product advice as: “A recommendation or a statement of opinion, or a report of either of those things, constitutes financial product advice under s766B if: it is intended to influence a person or persons in making a decision about a particular financial product or class of financial products, or an interest in a particular financial product or class of financial products, or could reasonably be regarded as being intended to have such an influence;” “Advice, as is clear, is actually defined as Financial Product Continued on page 3

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