ACCC Strengthens Position Against Broker Commissions
ACCC Strengthens Position Against Broker Commissions
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
In a recent submission to the professional code of practice review, the Australian Competition and Consumer Commission (ACCC) has reiterated its position against broker commissions.
Echoing findings from its 2020 Northern Australia Insurance Inquiry, the ACCC advocates for extending the ban on conflicted remuneration to include brokers.
The issue stems from the practice where broker commissions are often based on premium amounts, potentially discouraging brokers from pursuing more cost-effective coverage or options that pay lower or no commissions for clients. Despite full disclosure of such remuneration to consumers, the ACCC argues that the inherent conflict remains problematic.
ACCC Chair Gina Cass-Gottlieb, in the submission, underlined that while some consumers might resist an upfront fee akin to commissions, the transition challenges away from conflicted remuneration models do not justify retaining exemptions permitting them. This echoes a broader reform ethos initiated by the federal government in 2023, stipulating that brokers must secure client consent to receive commissions when providing personal advice.
NSW Fair Trading, in its independent review of strata sector practices, has also highlighted the need for the broking code of practice to enhance commission practices. Commissioner Natasha Mann advocates for bolstered disclosure obligations, promoting transparency in brokers' remuneration and ownership structures, coupled with robust compliance monitoring mechanisms.
Further perspectives include those from consultant John Trowbridge, who supports the continuation of commissions but emphasizes the necessity for brokers to transparently disclose all commission-related earnings. Trowbridge also suggests that the National Insurance Brokers Association offer guidelines to elucidate conflict management and fiduciary responsibilities within the industry.
The WA Small Business Development Corporation has expressed support for widening the disclosure requirements scope, advocating for the inclusion of small businesses. By aligning with the Australian Financial Complaints Authority rules, small enterprises, often with limited resources, stand to benefit from an expanded definition that enhances clarity on financial incentives influencing broker services.
The industry awaits further developments from the review, led by Phil Khoury, as its submission deadline approaches.
Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.
New South Wales’ move to shift emergency services funding away from insurance premiums and towards a broader property-based model is more than a state tax story. For real estate agencies, it is a timely reminder that insurance pricing is influenced by several moving parts, some visible on a renewal notice and others buried in the background. - read more
Australia's latest run of severe weather insurance claims is another practical warning for real estate agencies: disaster risk is not limited to landlords, strata committees or homeowners. Agencies themselves can be exposed through damaged offices, flooded fit-outs, lost keys and access devices, interrupted trading, damaged vehicles and disputes that arise when client service is disrupted at the worst possible time. - read more
Australia’s insurance complaints environment remains a useful warning sign for real estate agencies, particularly those relying on multiple policies across professional indemnity, public liability, cyber, office contents, business interruption and commercial motor cover. Recent dispute trends reported through the financial complaints system continue to show that customers are most likely to become frustrated when claims are delayed, declined, poorly explained or affected by policy exclusions they did not fully understand at the outset. - read more
Australia's latest notifiable data breach reporting has again underlined a risk that real estate agencies cannot afford to treat as an IT issue alone. Malicious activity, compromised credentials, phishing and human error continue to feature prominently in privacy incidents across the economy, and agencies hold exactly the kind of personal information that can make them attractive targets. - read more
The debate over Australia’s draft Insurance Brokers Code of Practice has intensified, with industry and consumer voices questioning whether the proposed changes go far enough on remuneration disclosure and conflict management. For real estate agencies, the issue is not abstract. Many agencies rely on intermediated advice when arranging professional indemnity, public liability, management liability, cyber cover, office insurance and commercial motor policies. - read more
Property managers face insurance exposures that go beyond standard real estate sales work, including tenant interactions, maintenance coordination, rent handling, entry notices, complaints and landlord communications. This guide explains the main insurance issues Australian property managers should understand. - read more
As a real estate professional, safeguarding your business through adequate insurance is crucial. The real estate industry is fraught with risks, from property damage to client disputes, and insurance serves as a safety net, ensuring that you're protected against unforeseen circumstances. - read more
In the ever-changing world of real estate, understanding and managing risks are crucial tasks for any real estate agent. From fluctuating market conditions to regulatory shifts, several elements can affect the value and profitability of property investments. Effective risk management practices are essential for protecting assets and ensuring long-term success in this dynamic industry. - read more
Public liability insurance can help real estate agents manage third-party injury and property damage risks that may arise during inspections, open homes, office visits and other client-facing activities. - read more
Professional indemnity insurance can help real estate agents, property managers and agency owners respond to claims alleging professional mistakes, negligence or misleading advice. This guide explains what it may cover, common exclusions and key policy features to review in Australia. - read more
Knowledgebase
Beneficiary: The person or entity designated to receive the death benefit from a life insurance policy.
No comments yet. Be the first to share your thoughts.