Money Management | Vol. 34 No 1 | February 13, 2020

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MAGAZINE OF CHOICE FOR AUSTRALIA’S WEALTH INDUSTRY

www.moneymanagement.com.au

Vol. 34 No 1 | February 13, 2020

SUSTAINABILITY

If not now, when?

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LOW-COST FUNDS

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What this year holds for lowcost funds

RURAL ADVICE

Contribution strategies

AMP’s $5.175m penalty a ‘deterrent’ BY MIKE TAYLOR

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In times of drought THE bushfires that have ravaged the country since June 2019 has been exacerbated by a relentless drought. The cost to rural communities and farmers especially has been both financial and emotional. This has taken a huge toll on the mental health of the people that provide Australians with produce they use to live. Most businesses would not survive years of no income and yet the farmers are desperate to save their land and businesses that have been in their families for generations. Financial advisers have a significant role to play in both the financial and emotional side of things and sometimes farmers “just want to talk to someone”, according to North West Wealth adviser James Smith. Smith said 90% of his clients over this drought period have had to change or have discussion about their portfolios to re-evaluate insurance premiums, superannuation contributions, or to rearrange investments and income. Investment Collective’s managing director, David French, said education played a large role in helping farmers get back on their feet and one of the first steps was for them to understand that the farm was a business as many did not separate it from their family. Unlike city advisers, rural financial planners often travel long distances for their clients and even live in with them to gain a deeper understanding of the situation farmers are in. In getting to know clients, French said it was important for advisers to acknowledge when a client’s mental health had deteriorated and that they needed to have a hard conversation with them if professional help was needed. “People need a trusted conduit so that they can get their feelings out and understand what is going on and an adviser should immediately say ‘we need to get you help’, and probably the first step is going to a GP or a psychologist,” he said.

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TOOLBOX

THE Australian Securities and Investments Commission (ASIC) has sought to reinforce the fact that the $5.175 million penalty imposed on AMP Limited in the Federal Court should act as a deterrent to other major financial institutions who fail to adequately address adviser misconduct. This point was driven home by ASIC deputy chair, Daniel Crennan QC, while ASIC at the same time pointed to the number of other best interest duty cases ASIC had brought before the courts including against Westpac and against RI Advice. In doing so, the regulator is driving home the message that regulatory action will not stop at advisers but will be directed towards the highest levels of institutions where their failure to address bad behaviour can be proved. This was acknowledged by Crennan who expressed pleasure that the Federal Court had agreed with ASIC’s case that AMP had failed

to monitor and supervise its financial planners properly and in accordance with its legal obligations. ASIC had alleged that a number of AMP financial planners engaged in ‘rewriting conduct’ – providing advice that results in the cancellation of a client’s existing insurance policies and the taking out of similar replacement policies by way of a new application rather than through a transfer. This resulted in the clients being exposed to significant risks and the planners receiving higher commissions. AMP’s problems arose because the court accepted that AMP had become aware of the problem with one planner but had failed to then ascertain the extent of the problem amongst other planners. The bill for AMP Limited could have been higher because the Federal Court penalty was determined under the old penalty regime which applied a $1 million maximum for each contravention. There is also the question of costs.

AMP fined $5.2m for insurance churn BY OKSANA PATRON

THE Australian Securities and Investments Commission (ASIC) has announced that AMP has been ordered by the Federal Court to pay $5.175 million penalty after failing to ensure that’s its financial planners complied with the best interest duty and related obligations under the Corporations Act. Also, the court found that there was a total of six contraventions of the act and indicated that it would make orders requiring AMP to undertake a review and remediation program to ensure financial planning clients who were subject to rewriting conduct were properly remediated. “ASIC had a strong case against AMP, which resulted in AMP’s admissions in relation to ASIC’s case in May last year. We now have Continued on page 3

6/02/2020 3:01:15 PM


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