Insights / December 10th, 2020

Treasury to take over FASEAs functions in 2021

Yesterday, in a joint statement, Senator Jane Hume and Treasurer Josh Frydenberg announced their plans to move the functions of the Financial Adviser Standards and Ethics Authority (FASEA) to form part of the Government’s Financial Services and Credit Panel. This move arises as a result of recommendation 2.10 from the Financial Services Royal Commission which called for one single, central disciplinary body to be established for financial advisers. We agree with this consolidation and believe that it is a step in the right direction and helps to reduce regulatory duplication currently involved in the monitoring of financial advisers and the financial advice sector. Giving the Financial Services and Credit Panel this role will avoid the need for another independent body and will instead give the Panel the ability to exercise the expertise they employ and further assist ASIC.

It is important to note that this does not mean the critical functions of FASEA, such as the educational and training standards and enforcement of the Code of Ethics, are going to be altered. These functions will instead be regulated by the Financial Services and Credit Panel and financial advisers should still ensure that they are complying with their requirements under these rules until further information is released.

At this stage, Treasury have stated that the standards and additional functions of the Financial Services and Credit Panel will be announced in early 2021, and the legislation for the reforms can be expected in the first half of next year.

The Government has thanked FASEA and all of the staff who have worked to introduce and improve the education, training and ethical standards in the financial advice sector.

If you have any questions or if you would like to discuss anything regarding these recommendations, please contact a member of our Financial Services Team.

This publication has been prepared for general guidance on matters of interest only and does not constitute professional legal advice. You should not act upon the information contained in this publication without obtaining specific professional legal advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication and to the extent permitted by law, Cowell Clarke does not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting or refraining to act in relation on the information contained in this publication or for any decision based on it.

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