Huge sum paid out for financial advice related misconduct

Six of Australia’s largest financial institutions are compensating customers following two major reviews

Huge sum paid out for financial advice related misconduct

Insurance News

By Roxanne Libatique

Six major banks and financial services institutions in Australia paid or offered to pay almost $2 billion in compensation to customers who suffered loss or detriment due to fees for no-service misconduct or non-compliant advice.

As of June 30, 2021, AMP, ANZ, CBA, Macquarie, NAB, and Westpac had paid or offered to pay a total of $1.86 billion in compensation, including $620.9 million paid or offered by the institutions between January 01 and June 30, 2021.

According to the Australian Securities and Investments Commission (ASIC), the compensation payments made or offered by the institutions following two major ASIC reviews include:

  • AMP paid or offered to pay $230,418,976 to 225,513 customers impacted by fees for no-service misconduct and $38,892,310 to 2,961 customers impacted by non-compliant advice;
  • ANZ paid or offered to pay $96,969,608 to 32,916 customers for fees for no-service misconduct and $44,700,475 to 2,123 customers for non-compliant advice;
  • CBA paid or offered to pay $169,311,920 to 57,930 for fees for no-service misconduct and $9,354,027 to 626 customers for non-compliant advice;
  • Macquarie paid or offered to pay $4,628,000 to 1,105 customers for fees for no-service misconduct;
  • NAB paid or offered to pay $556,144,345 to 677,531 customers for fees for no-service misconduct and 80,002,139 to 2,183 customers for non-compliant advice; and
  • Westpac paid or offered to pay $578,441,530 to 71,498 customers for fees for no-service misconduct and $51,684,367 to 3,001 customers for non-compliant advice.

Read more: ASIC reveals steps supporting Australia’s economic recovery

ASIC’s reviews looked into the extent of the institutions’ failure to deliver ongoing advice services to financial advice customers paying fees to receive these services. It also analysed how effectively institutions supervised their financial advisers to identify and address “non-compliant advice.”

In October 2016, ASIC released “Report 499 Financial advice: Fees for no service” (REP 499), describing systemic failures in the advice divisions of AMP, ANZ, CBA, and NAB and some of their product issuers – including the failure to ensure the provision of ongoing advice services to customers who paid fees to receive those services (fees for no service), the failure of advisers to provide those services, and the failure of product issuers to switch off advice fees of customers who did not have a financial adviser.

In March 2017, ASIC released its second report, “Report 515 Financial advice: Review of how large institutions oversee their advisers” (REP 515), outlining findings from its review of:

  • How AMP, ANZ, CBA, NAB, and Westpac identified and dealt with non-compliant advice by their advisers between January 01, 2009, and June 30, 2015; and
  • The development and implementation of a framework for the large-scale review and remediation of customers who received non-compliant advice in the same period.

ASIC clarified that the institutions do not all hold consistent data for the number of individuals remediated. Specifically, the term “customers” broadly refers to individuals, couples, or all trustees of a self-managed superannuation fund.

In some cases, an institution may remediate a customer under more than one remediation program, so the institution may count the customer more than once.

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