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ISSUE 9.03 February 2012
Shorten on brokers: Not right to be rigid
Bill Shorten
The Assistant
Treasurer has called on mortgage and finance brokers to adopt a more flexible approach to NCCP Assistant Treasurer Bill Shorten has told brokers they do not need to be “rigid” in applying NCCP responsible lending obligations.
In a letter obtained exclusively by Australian Broker, Shorten has answered concerns put forward by James Tsolakis of Sydney-based consultants Business Innovators. Tsolakis argued that NCCP rules were being interpreted in a restrictive fashion by lenders, and that brokers had been “scared away” from the industry by prequalifying questionnaires. In a reply to Tsolakis, Shorten urged brokers across the whole
industry to be more flexible in their application of the NCCP. “[There are] important protections for consumers in the Credit Act, but [these] are intended to apply flexibly enough to allow consumers to continue to access credit in line with their personal circumstances and lifestyle needs,” Shorten wrote. “Brokers should be aware that the requirements are intended to apply flexibly, and there is no need to adopt a rigid approach to assessing credit applications.” Shorten said ASIC had become aware that some lenders were adopting an “overly restrictive approach” in their interpretation of the NCCP, and had updated RG 209 accordingly, particularly to keep older borrowers from being locked out of credit. “ASIC has taken steps to advise holders of an Australian Credit Licence that to meet responsible lending obligations under the Credit Act, it is not necessary to establish that the borrower is expected to be earning a salary for the life of the loan,” Shorten said. The Assistant Treasurer assured brokers that locking out borrowers was not the “legal effect” of NCCP legislation. He also flagged possible changes to be seen in Phase II of the credit reforms. Tsolakis raised concerns that small businesses were also being locked out of credit, and Shorten tipped that the next wave of NCCP legislation could address the issue.
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Inside this issue Coalface 14 Property, the Wright way Analysis 20 I still call NAB Homeside Viewpoint 22 Keeping MFAA competitive Insight 24 Tapping 2012 opportunity Toolkit 25 Getting into the media Market talk 26 Sunnier outlook for housing People 28 Have a heart, and a loan