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September 30, 2009

ASIC’s approach to insurance telephone marketing

ASIC has published details of the resolution of its concerns with AEGON Direct Marketing Services Australia Pty Ltd (ADMS) that some telephone sales of life risk insurance products may have been misleading, or likely to mislead consumers.


ASIC was concerned that the direct marketing calls may have created the impression that customers were not being asked to make a decision to purchase the insurance product immediately over the phone and in certain circumstances, customers were told that they would be sent policy documents so that they could review and make a decision whether to purchase during the cooling-off period.

ASIC also had concerns with telephone sales representatives using the words ‘enrol’, ‘activate’, ‘start’, or ‘issue’ when referring to purchase of an insurance product which may not have made it sufficiently clear to consumers that they were purchasing insurance products.

In response, ADMS has implemented, or is in the process of implementing, a number of changes to its calling script. Some of the changes include the following:

  • The word ‘enrol’ has been replaced by ‘purchase’.
  • The removal of the phrase, ‘you don’t have to make a decision today’.
  • The customer is asked to confirm their understanding that they are ‘purchasing’ an insurance product.
  • The provision of an expanded general advice warning towards the start of the direct marketing call.
  • Overall, more wording has been made mandatory for telephone sales representatives to follow.

To supplement the latest script change, it intends to circulate a written reminder to telephone sales representatives every three months, highlighting the importance of observing the script during each call, and is designing an ongoing training plan for its Quality Assurance and Sales Verification teams.

It is also taking steps to ensure that all customers receive a second billing reminder letter before the end of the cooling-off period.

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Posted 30th September 2009 by David Jacobson in Financial Services, Insurance, Marketing

APRA prudential supervision update

Beyond the Global Financial Crisis: A Prudential Perspective by John Trowbridge, an Executive Member of APRA, is a useful update of the structure and changes , both locally and internationally, in four industries, namely banking, general insurance, life insurance and superannuation.

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Posted 30th September 2009 by David Jacobson in Financial Services

Austrac PLI – notices to reporting entities

Public Legal Interpretation 12 sets out AUSTRAC’s views on its powers to serve notices on reporting entities under the AML/CTF Act. The PLI does not cover the giving of infringement notices.


Failure to comply with a notice may be either a criminal offence or result in a civil penalty. The PLI sets out the requirements for the different notices, including contents and methods of service.

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Posted 30th September 2009 by David Jacobson in Anti-money laundering

September 29, 2009

Draft model OHS Act released for comment

The Workplace Relations Ministers' Council through Safe Work Australia has released the draft model Occupational Health and Safety Act and administrative regulations for public comment until 9 November 2009.

The new occupational health and safety reform agenda aims to harmonise OHS legislation across Australia.

It is intended that all jurisdictions will enact model OHS Act and model regulations and complete all related transitional arrangements by December 2011.

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Posted 29th September 2009 by David Jacobson in Workplace

September 27, 2009

Financial Stability Board Compensation Principles Implementation

In conjunction with the recent G20 meeting the Financial Stability Board has issued Implementation Standards for its Principles for Sound Compensation Practices for financial institutions.

The Implementation Standards contain detailed specific proposals on compensation governance, pay structure and risk alignment and disclosure to strengthen adherence to the FSB Principles, issued in April 2009. Compliance by national authorities will be reviewed in March 2010.

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Posted 27th September 2009 by David Jacobson in Financial Services

September 25, 2009

Margin Lending: draft disclosure regulations and sample PDS

Treasury has released draft regulations for margin lending disclosure and an example Product Disclosure Statement for public consultation until 23 October 2009.


The draft regulations and an example Product Disclosure Statement (PDS) were developed by the Financial Services Working Group.


The proposed solution to complex lengthy disclosure documents is to prescribe a margin loan PDS that has four A4 pages of content, with additional pages containing a title and table of contents. It will permit the incorporation of other material by reference.


The Government proposes to amend the Corporations Regulations 2001 to provide a specific disclosure regime for standard margin lending facilities.

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Posted 25th September 2009 by David Jacobson in Financial Services

September 23, 2009

Australian remuneration governance standards for financial institutions and insurers

This article by me was first published by Complinet.

The Australian Prudential Regulation Authority (APRA) has started a second round of consultation on changes to its governance standards for authorised deposit-taking institutions (ADIs), general insurers and life insurers (currently contained in APRA’s Governance Prudential Standards APS 510, LPS 510 and GPS 510) to deal with the risks involved in remuneration structures of APRA-regulated institutions.

The proposed changes will implement the Financial Stability Board’s Principles for Sound Compensation Practices which were endorsed by the leaders of the G20 in April 2009. The Principles aim to ensure effective governance of compensation, alignment of compensation with prudent risk-taking, and effective supervisory oversight and stakeholder engagement in compensation.

It reflects government, investor and community concern in recent years at excessive risk-taking, conflicts of interest and apparent examples of individual greed taking priority over the interests of shareholders and customers.

The standards will come into effect on 1 April 2010.

(more…)

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Posted 23rd September 2009 by David Jacobson in Corporate Governance, Financial Services

September 20, 2009

ACCC supermarket competition agreement

The Australian Competition and Consumer Commission has announced that agreement had been reached with Coles Group Limited and Woolworths Limited to phase out all restrictive provisions in supermarket leases.


Both companies have agreed that they will not include restrictive provisions in any new supermarket leases, and in the case of existing supermarket leases, they will not enforce restrictive provisions five years after commencement of trading. This phasing out in the case of current leases takes account of commercial arrangements and rental contracts already in place.


During its Grocery Inquiry in 2008, the ACCC identified a practice where supermarket operators would include tenancy terms which may have prevented shopping centre managers leasing space to any competing supermarkets. This had the potential to impose restrictions on the number of supermarket outlets in centres and consequently fewer options for consumers.


The agreement is in the form of a court enforceable undertaking that has been voluntarily provided by Coles and Woolworths.

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Posted 20th September 2009 by David Jacobson in Trade Practices

Commonwealth legislation update

Commonwealth Parliament is in recess and will next sit on 19 October 2009.

Bills awaiting passage include:

  • Corporations Amendment (Improving Accountability on Termination Payments) 2009
  • Corporations Legislation Amendment (Financial Services Modernisation) 2009
  • National Consumer Credit Protection 2009
  • Personal Property Securities 2009
  • Trade Practices Amendment (Australian Consumer Law) 2009

See Bills list

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Posted 20th September 2009 by David Jacobson in Corporations Act, Credit Code 2009, Financial Services, Trade Practices

September 18, 2009

Do you “drop test” your products and services?

I discussed product safety issues at a recent Trade Practices Act training session I gave. A retailer said that apart from other precautions (including compliance with safety standards), he always gave products a "drop test" before he bought them for resale.

In other words, he dropped the product on the floor from a set height to see whether it would break!

Whilst the test he described was not scientific, it seemed effective and relevant for the products he was buying and made me wonder why we don't "drop test" all the products and services we provide.

Services and non-tangible products should also be subjected to usability tests and mystery shoppers to see if they perform adequately.

Don't wait to be caught out by a regulator's inspector or an unhappy customer's internet review.

Here are some interesting drop tests:

Kindle

The Lexus car drop commercial

Trip Advisor

Choice

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Posted 18th September 2009 by David Jacobson in Trade Practices