ASIC makes clawbacks instrument part of reforms

The corporate regulator has announced it has made its instrument which sets commission caps and clawback amounts a part of the life insurance advice reforms announced by the government.

The Life Insurance Commissions Instrument sets limits on the commissions through a commission cap and requires amounts to be repaid if the policy is cancelled within the first two years of the policy (clawback).

ASIC said setting commission caps and clawback amounts is intended to reduce the incentives for advisers to provide inappropriate advice to clients.

ASIC deputy chairman Peter Kell said the commission caps and clawback requirements are important steps in improving the quality of advice.

“The commission caps and clawback amounts commence on 1 January 2018. ASIC is warning advisers against inappropriately switching clients into new policies prior to this commencement date where this is not in their clients’ best interests,” Mr Kell said.

“ASIC is currently using data from insurers to undertake targeted surveillances to seek out any advisers engaging in this misconduct.”

ASIC said will conduct a post-implementation review in 2021 to assess the impact of the reforms.

It also said it released Report 527 Response to submissions on CP 245 Retail life insurance advice reforms, a report summarising the key feedback the corporate received in response to Consultation Paper 245 Retail life insurance advice reforms and our response to that feedback.

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