In this guide
Independent financial advice has been topical in recent years thanks to the Financial Services Royal Commission into misconduct in the banking, superannuation and financial services industry.
The key word here is ‘independent’. So, what does it mean in the context of financial advice?
You would hope that every financial adviser can claim all those things, but few can because there is a very technical definition behind what makes financial advice truly independent.
Examples of financial advice that is not independent include advice provided by advisers who:
- Receive a commission (or any other gift or benefit) for recommending specific products and services issued by a financial provider
- Receive remuneration based on the volume of business they place with the issuer of a financial product or service
- Work on behalf of a specific financial organisation and are therefore limited to recommending that organisation’s products or services.
Why is independent financial advice important?
As a consumer, you have a right to know if the financial advice you receive is truly independent or whether it’s been influenced by other factors. That’s because knowing this information may affect your choice of financial product.
The Royal Commission recognised that Australians should be able to assume that the advice they get is independent and in their best interests. Yet the Commission highlighted many stories where this was not the case and where some advisers provided conflicted advice.
As a result, one recommendation of the Royal Commission was that an adviser who is not independent should “before providing personal advice to a retail client, give to the client a written statement … explaining simply and concisely why the adviser is not independent, impartial and unbiased.”
That recommendation resulted in ‘disclosure of independence’ legislation.
New disclosure rules for non-independence
It may surprise readers that for some time it’s been illegal for financial advisers to use the terms ‘independent’, ‘impartial’ or ‘unbiased’ unless that is genuinely the case under the terms of the Corporations Act. In the past, sections of the financial advice industry were able to skirt around the rules with a policy of ‘don’t ask, don’t tell’.
From 1 July 2021, financial advisers who breach Section 923A of the Corporations Act must advise their clients why they are not independent.
This means advisers can only qualify as independent if they or their Australian Financial Services Licensee (AFSL) and all representatives:
- Did not receive insurance commissions (or rebate them back to clients in full)
- Did not receive any gifts or benefits from product providers
- Had no restrictions regarding the products you can recommend
- Did not own, or are not owned by, and did not have any interest in or association with any products providers.
As few Australian advisers and advice firms are independent under the terms of the Act, the new rules will affect most advisers. While this is a welcome development, some argue that the rules don’t go far enough.
Daniel Brammall, president of the Profession of Independent Financial Advisers (PIFA), says an adviser can’t claim to be truly independent or free of conflicts of interest if they charge asset-based fees.
PIFA members sign up to a gold standard that includes no links to product manufacturers, no commissions and no asset-based fees. Asset-based fees are charge as a percentage of a client’s funds under management, rather than as a fixed and transparent fee for service.
“There are some ridiculous excuses for asset-based fees and how they align advisers with their clients; hogwash,” says Brammall.
Yet asset-based fees are not included in the ‘disclosure of independence’ legislation. Neither are commissions from mortgage brokers and property sales, which are regulated under different laws.
What Australians want
One of the achievements of the Royal Commission and changes to independence legislation is increased awareness about the issue of unconflicted, independent financial advice among ordinary Australians.
To get truly independent advice you need to pay a fee for service, just as you would to a lawyer, an accountant or a tax adviser.
Gradually, legislation and financial advisers are closing the gap between consumer expectations and the advice they are delivered.
Where can you find an independent financial adviser?
Check out SuperGuide’s list of Australian independent financial advisers for each state (see below), where you can find all the Profession of Independent Financial Advisers (PIFA) members, plus other advisers that have declared to us that they meet the independence test.
- Australian independent financial advisers: National list
- Independent financial advisers: Adelaide and SA
- Independent financial advisers: Brisbane and Queensland
- Independent financial advisers: Canberra and ACT
- Independent financial advisers: Hobart and Tasmania
- Independent financial advisers: Melbourne and Victoria
- Independent financial advisers: Perth and WA
- Independent financial advisers: Sydney and NSW
There will be other independent advisers in Australia who are not yet on our list. If you are unsure about an adviser’s independence, the following questions will help you judge whether they are independent or not:
- Do you receive a commission (or any other gift or benefit) for recommending specific products and services issued by a financial provider?
- Do you receive remuneration based on the volume of business you place with the issuer of any financial product or service?
- Do you work on behalf of a specific financial organisation and are you therefore limited to recommending that organisation’s products or services?
Transcript
What were the main reasons you became an independent financial adviser?
Peter Humble, Rise Wealth
A realisation that the approved product list was being, for want of a better word, rigged. So the deliberate manipulation of products to steer advice in one direction or another to suit the broader objectives of the particular group that I was formerly employed with. And for me that was the day I came home and said, “We need to leave.”
Dennis Maddern, Maddern Financial Advisers
We need to not be conflicted. I mean, I think law, medicine and engineering, accounting, even, all of them are without fear nor favour. They’re there to service the client. And there is no conflicted remuneration structures, there’s no incentives, there’s no trips to the Grand Prix and trips to the tennis and these soft dollar things.
Matthew Ross, Roskow Independent Advisory
I didn’t have the confidence to give advice under the conflicted model, so I was holding back. And then I was working for a firm that was about to promote me to be an adviser, and I realised I couldn’t work there. They didn’t actually let me pass probation. I was thinking too differently.
Michael Radalj, Your Private Advisers
I basically have a high ethical approach to what I do, and I really do want to do the best for clients in any circumstance. And I want to be seen to be doing the best for clients in any circumstances.
Daniel McGregor, Wealth Train
To remove the conflicts between advice and product had been a constant source of frustration for me, waiting for the big businesses within the industry to find that path themselves, and they just seemed incapable of doing it.
Neil Salkow, Roskow Independent Advisory
I’d recognised the way that the industry was, and saw from working with other firms how they did it. And I just felt the conflicts, just didn’t sit well with me in terms of even just the whole business model is around pushing product. And so focused and centred around product. Even when there was strategy talked about, it still ended up delivering product as the solution.
And for me it didn’t make sense, I really wanted a divide between strategy and product. So I came up with doing strategy analysis for clients, pure strategy, no product at all. And obviously when you do that, you have to charge a fee.
Joe Stephan, Stephan Independent Advisory
We’ve always looked at how would we like to be treated if we were clients, if we were consumers. And we’ve always felt that our business was structured in a way which was targeted towards that. And for a long time we were unaware that this was potentially an option. And so as our awareness grew, we felt that we were doing all the things anyway. So the reality was it was a label. In our hearts we were always independent anyway.
Rick Horvat, Horvat Financial Advisers
We were sick of telling someone else’s story, to be honest. And no one else’s story matched up with our story. So under an MLC license or under another person’s license or under product or whatever it was, it just never felt right.
Deborah Lin, Liquidity Independent Advisers
There was always a better way of doing things. I was frustrated at with what I couldn’t advise on by my licensee. And I wanted to be able to focus on the client and give them the best possible advice without any restrictions.
How does it feel now since becoming independent?
Deborah Lin, Liquidity Independent Advisers
It’s been great. So that restriction and the control’s been lifted, and it allows me the freedom to give the best advice that I possibly can.
Dennis Maddern, Maddern Financial Advisers
I think it’s a feeling of just cleanliness. It’s just clean. There’s no need to hide anything. You can put your financial services guide out, and it can be scrutineered by the finest Queens Council there is. There is nothing to hide.
Matthew Ross, Roskow Independent Advisory
The short answer is options for clients. So we say it to clients when we first meet with them, that being independent means all the things such as no asset-based fees and no alignment to a product provider.
But the most important thing is being in a position to explain to the clients all the options, not having a vested interest in any particular one. So we’re agnostic about the option. Our job is to talk about the pros and cons and help the client choose the one that’s right for them. And as I’ve said a lot of times in the past, I don’t believe advice can be given any other way.
Phil Thompson, Rise Financial
The way we can provide advice when you’re an independent, it’s purely liberating, as in it just feels right. You’re there to help people, and you have no barriers, there’s no conflicts of interest that will taint any of the advice. So you can simply look at everything on their merits, you understand where the client’s at, understand where they’re going, help them understand the pieces together.
Joe Stephan, Stephan Independent Advisory
I would say, with all the noise that’s going on in the marketplace at the moment with the Royal Commission and the findings and the FASEA reforms and all of it, the reality of it is that we felt because of our decisions that we’ve made to work in our clients’ best interests, that we haven’t needed to really do too much, all too much in our business, to change things as a result of any of the recommendations.
Mick Steffan, Independent Advisers WA
It is a relief to be independent. What it really means is that one, I can sleep well at home knowing that I do absolutely the right thing without any conflicts whatsoever. And two, the type of clients that come in are much more relaxed. It’s not more about products or strategy, it’s more about this dude has already done the hard yards in order to become independent and has fully committed to that. And so the trust relationships develop much quicker than before when you would be associated, attached to a product or a financial institution.
Daniel McGregor, Wealth Train
Oh, it was a feeling of freedom, because you know that you only then have to focus on what’s best for the client. You’re not being pushed to sell or recommend any particular products. You’re not constrained in the products that you can recommend. So the only thing you’re focusing on is what’s best for the client.
Peter Humble, Rise Wealth
Now, I wish we had done it 10 years ago. I think we tend to put barriers in our way. We tend to tell ourselves that reasons why things won’t work. Yeah, every day this gets easier.
Keith Henderson, Malibu Wealth Advisory
Simplicity, so it just simplifies the conversation. Independence gives you that capacity to get straight to the heart of the matter.
Michael Radalj, Your Private Advisers
So it’s a bit of a no brainer actually. It’s the easiest way to live. It’s a comfortable way. When the clients call or when we call them, it’s an easier conversation, is to tell them what we think about what should be done or whatever it may be, or catch up with where they’re at and what their concerns are, and just to simply address them as best we can.
The bottom line
It’s important to know whether the financial advice you’re receiving is independent or not. You should question your adviser to ensure you understand the nature and scope of the financial advice they’re giving you.
The information contained in this article is general in nature.