Ethics & Governance

Ethics & Governance Articles

YOLANDA BEATTIE | Comments | THURSDAY, 20 JAN 2022

In 2016 when Lady Quentin Bryce walked into the Fund Manager of the Year awards, she turned to a leading female portfolio manager and asked, "where are all the women?". Five years on and not much has ... ... Read more

Engagement versus exclusion in public markets

BARNABY WIENER , VISHAL HINDOCHA | Comments | FRIDAY, 10 DEC 2021

Sustainability in focus The focus on sustainability across both the investment industry and around the corporate world has intensified significantly in recent years. One thing that may be driving this ... ... Read more

Financial accountability regime (FAR) draft legislation: How far has it come?

GABRIELA PIRANA | Comments | THURSDAY, 16 SEP 2021

After a long wait following Treasury's initial proposal paper issued in January 2020, the Financial Accountability Regime (FAR) draft legislation has arrived, and there are a few key items that require ... ... Read more

Tackling modern slavery through finance

SUZY YOON | Comments | FRIDAY, 10 SEP 2021

This paper looks at the impact of modern slavery risks in investment management, what the industry can do to combat it and the approach JANA takes to ensure their investment managers are considering ... Read more

Superannuation fund product design

NEIL MAINES | Comments | FRIDAY, 6 AUG 2021

The importance of superannuation to society means superannuation funds are rightly assessed against rigorous investment objectives. Focus has traditionally been on investment returns versus a CPI-based ... ... Read more

Product intervention orders

RICHARD BATTEN , PRAYAS PRADHAN | Comments | FRIDAY, 13 NOV 2020

The Australian Securities and Investments Commission (ASIC) made a product intervention order on 22 October 2020 that imposes conditions on the issue and distribution of contracts for difference (CFDs) ... ... Read more

Financial crime

ANDREW HOWARD , ADAM SIMMS | Comments | FRIDAY, 30 OCT 2020

The conditions around the COVID-19 pandemic-economic uncertainty and lack of internal controls in a new digital workplace-have created the perfect ecosystem for financial crime. Leaders who ... ... Read more

Determining civil penalties

CRISPIAN LYNCH , VINCENT GIANG , JACOB SAULWICK | Comments | WEDNESDAY, 21 OCT 2020

The Federal Court's decision in the Australian Securities and Investments Commission's (ASIC's) fee-for-no-service proceedings against certain licensees within the NAB Group highlights the ... ... Read more

ASIC's product intervention power

RICHARD BATTEN | Comments | FRIDAY, 10 JUL 2020

Regulatory Guide 272 Product Intervention Power (RG 272) sets out the score of the product intervention power, and explains how the Australian Securities and Investments Commission (ASIC) will use it ... ... Read more

Financial advice relief

ALLY CROWTHER | Comments | FRIDAY, 3 JUL 2020

Allens said at the outset of this pandemic that financial advice will play an important role in supporting members who are considering whether to access their superannuation early. Alive to that, ASIC ... ... Read more

Updated RG 97: fees and costs disclosure

HARRY NEW , VINCE BATTAGLIA | Comments | FRIDAY, 6 MAR 2020

This paper outlines changes to fees and costs disclosure requirements for superannuation products and collective investment products implemented by ASIC Corporations (Disclosure of Fees and Costs) Instrument ... ... Read more

Corporate governance and ethics post-Royal Commission

PHOEBE WYNN-POPE , ANDREW LUMSDEN | Comments | FRIDAY, 28 FEB 2020

In February 2019, the Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, (Final Report), led by the Hon Kenneth Hayne AC QC, was published ... ... Read more

Design and distribution obligations

SAMANTHA CARROLL | Comments | FRIDAY, 17 JAN 2020

The design and distribution obligations (DADO) have commenced and must be implemented by April 2021. So what exactly do financial product developers and distributors need to be aware of? What metrics ... ... Read more

The fairness doctrine

MICHAEL VRISAKIS | Comments | THURSDAY, 9 JAN 2020

The implications of the recent Full Federal Court decision in ASIC v Westpac Securities Administration Limited [2019] FCAFC 187 (ASIC v Westpac) are far-reaching for the financial services industry. ... Read more

Portfolio holdings disclosure

GEOFF SANDERS , NICHOLAS ALLINGHAM | Comments | THURSDAY, 19 SEP 2019

After many years of deferrals, the first reporting date for superannuation funds to disclose their portfolio holdings is fast approaching, with trustees being required to disclose item-by-item investment ... ... Read more

A shake-up for superannuation?

MICHAEL CHAAYA | Comments | FRIDAY, 6 SEP 2019

On 16 July 2019, an expert panel chaired by Graeme Samuel published their Capability Review of the Australian Prudential Regulation Authority (APRA).1 Commissioned by the Federal Government as a response ... ... Read more

Enhanced whistleblower protections

NAOMI FINK | Comments | THURSDAY, 1 AUG 2019

As of 1 July 2019, potential whistleblowers across Australia enjoyed an added layer of statutory protections. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 ('the amendment') ... ... Read more

Compensating superannuation members for fees for no advice

MICHELLE LEVY | Comments | THURSDAY, 18 JUL 2019

APRA and ASIC issued a joint letter to all RSE licensees entitled Oversight of fees charged to members' superannuation accounts in early April 2019. The letter is in response to the so-called 'fee ... ... Read more

Reflections on the design and distribution obligations and ASIC product intervention powers

HARRY NEW , VINCE BATTAGLIA | Comments | FRIDAY, 21 JUN 2019

In this article, we briefly outline the design and distribution obligations and ASIC's product intervention powers set out in recent amendments to the corporations legislation, and offer some reflections ... ... Read more

Protecting Your Superannuation Package

ZOE CHAPMAN , GEOFF SANDERS | Comments | THURSDAY, 4 APR 2019

Recently passed legislation, part of a package of reforms designed to 'protect Australians' superannuation savings from undue erosion by fees and insurance premiums', introduces a series ... Read more

Top six Royal Commission recommendations that affect SMSFs

PETER BURGESS | Comments | FRIDAY, 1 MAR 2019

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Commission) released its final report and the SuperConcepts technical team has assessed the implications ... ... Read more

Building adaptive capacity

ANDREW BROWN | Comments | FRIDAY, 1 FEB 2019

Much has been written about the disruptive changes that are continually assailing organisations and markets. Organisations that have been unable to adapt appropriately are being severely affected, including ... ... Read more

The next crisis will be different (Part two)

DTCC * | Comments | WEDNESDAY, 28 NOV 2018

The past several years have been characterised by a worldwide economic expansion that is broadly synchronised between the U.S., Europe and Asia. In 2017, the global economy grew by 3.7%, the fastest ... Read more

The next crisis will be different (Part one)

DTCC * | Comments | FRIDAY, 23 NOV 2018

Over the past decade, the financial industry has made substantial progress in strengthening global market stability and enhancing resilience. Financial firms have deleveraged significantly and banks ... Read more

Tips and traps for SMSFs investing in a private company

STUART SHEARY | Comments | FRIDAY, 2 NOV 2018

Gaining greater control and investment flexibility are often significant motivators for people setting up a self-managed superannuation fund (SMSF). SMSFs provide the ability to invest in a wide range ... ... Read more

The sole purpose test substantially clarified by the Full Federal Court

DANIEL BUTLER , WILLIAM FETTES | Comments | FRIDAY, 12 OCT 2018

A recent unanimous decision of the Full Federal Court represents a major win for SMSFs and taxpayers on the topic of the sole purpose test. This decision overturns the primary judge's decision at first ... ... Read more

Social risks for a financial services business

IAN LAUGHLIN | Comments | FRIDAY, 16 FEB 2018

How can it be that institutions spend huge amounts of money, resources and intellect on managing risk, and still find themselves being castigated by the press, politicians and social media for unacceptable ... ... Read more

Status quo thinking

RAEWYN WILLIAMS | Comments | FRIDAY, 2 FEB 2018

Industry, public sector and corporate superannuation funds are finding their myriad stakeholders are a difficult group to please. First, there are members who may be, collectively, more than $1 trillion ... ... Read more

Strategic human capital

DOUG HOLMES | Comments | THURSDAY, 5 OCT 2017

Long value preservation and growth have never before depended so fundamentally on effective management of human capital. Rapid technological change and intensifying competition in an increasingly borderless ... ... Read more

Pathways to success

BEN WALSH | Comments | FRIDAY, 25 AUG 2017

The Australian Prudential Regulation Authority (APRA) is increasingly scrutinising whether Registrable Superannuation Entity (RSE) Licensees are adequately focused on delivering long-term quality and ... ... Read more

Data portability in Australian financial services

PAUL CHAPMAN | Comments | FRIDAY, 7 JUL 2017

For Australia's financial services industry to transition successfully to an open data ecosystem, it is crucial to move forward in a way that promotes and safeguards consumer trust. While the potential ... ... Read more

How super stacks up on fairness, adequacy, and sustainability

KAREN VOLPATO | Comments | FRIDAY, 13 JAN 2017

Superannuation is now a fundamental part of Australian society with compulsory employer contributions, a level of assets larger than our GDP, and a growing emphasis on the provision of retirement income ... ... Read more

The state of the industry

SALLY LOANE | Comments | FRIDAY, 13 JAN 2017

The headwinds on the horizon are plain to see. Political uncertainty is the new normal. The benefits of free trade are being challenged by those with isolationist agendas. The year has started with significant ... ... Read more

Top 10 actions for superannuation providers in 2016

HENDRIE KOSTER | Comments | THURSDAY, 29 OCT 2015

Many of the key themes seen in the superannuation industry over the last couple of years remain constant as we enter 2016, with continued emphasis on post-retirement and outcome-based investing, ensuring ... ... Read more

PART II: Governance, cost and sustainable investing

DAVID BRAGA | Comments | THURSDAY, 29 OCT 2015

BNP Paribas Securities Services recently commissioned the Economist Intelligence Unit to write this paper that how the world's leading pension funds, superannuation funds and insurance companies ... Read more

PART I: Governance, cost and sustainable investing

DAVID BRAGA | Comments | THURSDAY, 29 OCT 2015

Australia's financial system and climate risk

KATE MACKENZIE | Comments | THURSDAY, 29 OCT 2015

The Climate Institute recently welcomed the establishment of the Senate Economics References Committee Inquiry into Carbon Risk Disclosure. The Institute's July 2015 discussion paper, Australia's ... ... Read more

Driving long-term investment and delivering responsible financial markets

SIMON O'CONNOR | Comments | THURSDAY, 29 OCT 2015

The importance of focusing capital markets on the longer term is a matter of much international discussion, debate and regulation globally. This global activity on this issue - for example the UK's ... ... Read more

Prudent person rule versus ESG considerations in investment decisions

STANLEY RICKERT | Comments | THURSDAY, 29 OCT 2015

Is there a convergence of ESG concerns with the investment rules based on a "Prudent Person"? This paper considers whether the Prudent Person Rule excludes Environmental, Social and Governance ... ... Read more

Why we believe responsible investing pays off

ANNE-MAREE O'CONNOR , DAVID RAE , RISHAB SETHI | Comments | THURSDAY, 29 OCT 2015

The Guardians of New Zealand Superannuation, the Crown entity that manages the New Zealand Superannuation Fund, believe it is important to clearly document their investment beliefs. One of their beliefs ... ... Read more

Climate Change: Risk factors and scenarios

HELGA BIRGDEN , KAREN LOCKRIDGE | Comments | WEDNESDAY, 27 MAY 2015

Imagine the investable universe could be examined through a telescope. The simplest scope might give you a better view of the more obvious risks and opportunities out there on your investment time horizon. ... Read more

Amendments to the superannuation guarantee charge

REBECCA JAMES | Comments | WEDNESDAY, 27 MAY 2015

In an attempt to simplify the superannuation guarantee (SG) regime, and reduce the penalties associated with the SG charge (SGC), the federal government has introduced the draft Superannuation Guarantee ... ... Read more

How can organisations adopt ESG considerations into their investment strategies

STANLEY RICKERT | Comments | WEDNESDAY, 27 MAY 2015

This paper examines Environmental, Social and Governance (ESG) issues first from a company's perspective and then from a shareholder's or investor's perspective. It discusses how the two ... Read more

Investing in illiquid assets

GEOFFREY WARREN | Comments | WEDNESDAY, 27 MAY 2015

Investing in illiquid assets - such as unlisted property, infrastructure or even small cap stocks - entails additional costs and risks, and constraints an investor. As it is entirely reasonable to expect ... ... Read more

Unravelled: the best interest duties - process or outcome?

MICHELLE LEVY | Comments | SUNDAY, 4 AUG 2013

Superannuation fund trustees and their lawyers (including this one) have been grappling for years with what the covenant in section 52(2)(c) of the Superannuation Industry (Supervision) Act 1993 (the ... ... Read more

Remunerating executives for shareholder value

AMANDA WILSON , SUSHEELA PERES DA COSTA | Comments | SUNDAY, 4 AUG 2013

Regnan's Amanda Wilson and Susheela Peres da Costa look at the controversial issue of executive remuneration. ... Read more

Instos get serious about climate change

JAMES FERNYHOUGH | Comments | SUNDAY, 4 AUG 2013

Last month's United Nations Climate Summit saw a flurry of announcements from some of the world's major institutional investors, ranging from pledges to divest from fossil fuels, to calls on ... Read more

Corporate reporting in Australia

GORDON HAGART | Comments | SUNDAY, 4 AUG 2013

ACSI's latest paper on sustainability reporting in Australia reveals a steady improvement, but finds some companies are still falling short. It is now widely recognised that environmental, social ... ... Read more

ESG - busting the myths

MANS CARLSSON-SWEENY | Comments | SUNDAY, 4 AUG 2013

AMP Capital senior research analyst Mans Carlsson-Sweeny draws some key distinctions between environment, social and governance (ESG) investing, and its sister disciplines of responsible and ethical ... Read more

Are independent trustee directors needed?

ANDREW BOAL | Comments | SUNDAY, 4 AUG 2013

Towers Watson's Andrew Boal gives his views on the topical question of whether super funds should be forced to have a quota of independent directors. It seems clear to most people in the industry ... ... Read more

Addressing the prudential requirements for better management of superannuation data

RON MULLINS | Comments | MONDAY, 19 NOV 2012

IQ Group principal Ron Mullins takes a look at APRA's evolving data requirements and the challenges they pose for superannuation funds. ... Read more

Meeting the insurance management framework obligation

RENEE VOUTT | Comments | MONDAY, 19 NOV 2012

TAL's Renee Voutt gives some pointers on how to ensure insurance management frameworks meet the new prudential regulatory regime. ... Read more

Target benefit retirement schemes part two

EPCO VAN DER LENDE , PETR KOCOUREK , JAN BAARS | Comments | MONDAY, 19 NOV 2012

In part two of this paper, the authors continue their exploration of innovative approaches for collective defined contribution pension systems or funds. ... Read more

Is disclosure always a good thing?

WAYNE DAVY | Comments | MONDAY, 19 NOV 2012

Quadrant Super CEO Wayne Davy questions whether full disclosure is always in the best interest of members. ... Read more

Position paper: Director and executive security trading

ERIK MATHER | Comments | TUESDAY, 1 JAN 2008

Effective protection against insider trading is critical to market confidence and, over time, liquidity. For a company, failing to demonstrate a working governance system to prevent insider trading not ... ... Read more

Latest News


Former Spaceship chief executive banned JAMIE WILLIAMSON The former chief executive of Spaceship has been banned from providing financial services after ASIC found he had an employee complete AICD assessments on his behalf.	YFYS could dampen ESG adoption: Research KARREN VERGARA The Your Future, Your Super reforms could potentially threaten the adoption of sustainable investing strategies, new research from Parametric shows.

Aware Super retains Link KARREN VERGARA Link Group will continue to act as the administrator for the Victorian Schools Superannuation Fund following its merger with Aware Super.	More work needed to end financial abuse ELIZABETH MCARTHUR As the federal government released its draft plan to end violence against women and children, the superannuation industry is calling for action on financial abuse and control.

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We must invest to eliminate slavery

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Covenant provides opportunity to reshape the future of retirement income

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