Royal Commission (Part Two): Conflicts of Interest, Remuneration and Intermediaries

The Interim Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Royal Commission) has brought both condemnation of, and drawn public attention to, the conduct displayed by financial entities. The reason for this conduct seems to be the pursuit of short-term profit at the expense of basic standards of honesty. But, as we discuss below, conflicted remuneration is not a simple matter of greed. From the executive suite to the front line, staff were measured and rewarded by reference to profit and sales rather than the best interests of their clients.

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Royal Commission (Part One)

The Interim Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Interim Report) has provided a damning assessment of the financial services industry. Commissioner Hayne summed it up with the following comment: “Too often, entities have been treated in ways that would allow them to think that they, not ASIC, not the Parliament, not the courts, will decide when and how the law will be obeyed or the consequences of breach remedied.” The Royal Commission has made it clear that this is untenable and will need to change. But how far, when and what the consequences of the questions posed in the Interim Report will be is what is now uncertain.

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Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 (Cth) Update: What Does it Mean?

‘Blowing the whistle’ – after a lengthy consultation phase, the draft Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 (Cth) (Bill) is currently before Parliament having gone through two readings. The aim of the Bill is to create a comprehensive and concise whistleblower protection regime within the Corporations Act 2001 (Cth) (Corporations Act) that extends to the private sector and, in particular, to the corporate, financial and credit industries. Is your corporation, and more importantly are your staff, ready for the changes?

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