SPAA urges product provider compensation scheme
Product providers should be responsible for funding a last resort compensation scheme, according to the Self-Managed Super Fund Professionals' Association (SPAA).
SPAA chief executive Andrea Slattery pointed to the Trio Capital collapse and the fact it was the product providers who committed the fraud and that compensation was paid to Australian Prudential Regulation Authority-regulated fund members.
"A last resort compensation scheme operating at the product provider level would go a long way to spread the cost of compensation across the whole industry," she said.
Slattery's comments run counter to those of Financial Services Minister Bill Shorten, who specifically pointed to the self-managed superannuation fund (SMSF) industry having opted not to participate in the levy which funded the Trio compensation arrangements.
Looking at the fact that SMSF investors in Trio had not been compensated, Slattery denied the implication that SMSFs were prone to greater levels of theft and fraud.
"This is not the case, as APRA-regulated superannuation funds continue to have issues relating to identity fraud and activities that allow criminal elements illegal access to members' benefits," she said.
Slattery said the Parliamentary Joint Committee into the Trio collapse had recommended the Australian Taxation Office include consumer warnings on its website that SMSF trustees will not be compensated in the event of theft of fraud.
She said SPAA was concerned such warnings might give the impression SMSF investors are not protected or have access to alternative courses of action.
Slattery said SMSF investors who suffered loss as a result of misconduct or another individual could, in many situations, seek compensation via the Corporations Law or the Superannuation Legislation.
"We acknowledge there are shortcomings with these options and some may take some time to resolve," she said. "That is why SPAA is advocating the introduction of a last resort compensation scheme."
Recommended for you
As the year draws to a close, a new report has explored the key trends and areas of focus for financial advisers over the last 12 months.
Assured Support explores five tips to help financial advisers embed compliance into the heart of their business, with 2025 set to see further regulatory change.
David Sipina has been sentenced to three years under an intensive correction order for his role in the unlicensed Courtenay House financial services.
As AFSLs endeavour to meet their breach reporting obligations, a legal expert has emphasised why robust documentation will prove fruitful, particularly in the face of potential regulatory investigations.
