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ASIC publishes updated Financial Services and Credit Panel regulatory guidance and new ‘your rights’ infosheet

ASIC has today released new guidance about the Financial Services and Credit Panel (FSCP), including an update to Financial Services and Credit Panel (RG 263) and the new FSCP decisions: Your rights (INFO 273).

provides an overview of the purposes and composition of the FSCP, an outline of the actions a sitting panel may take, as well as the FSCP’s processes and procedures around hearings, decisions and confidentiality. Our update of RG 263 takes into account submissions received in response to Update to RG 263 Financial Services and Credit Panel (CP 359).

outlines the rights of financial advisers affected by an FSCP decision, including how to make an application to vary or revoke FSCP decisions and how to seek an independent review of FSCP decisions. A copy of INFO 273 will be provided to financial advisers when they receive a decision from the FSCP.

ASIC Commissioner Danielle Press said, ‘The FSCP has been given its own functions and powers to consider and take action in response to financial adviser misconduct. We look forward to working with the industry members of the FSCP who will bring their technical knowledge and practical experience to disciplinary decisions.’

‘The FSCP, combined with ASIC’s new warning and reprimand powers, enables ASIC to respond to a range of financial advice misconduct, including lower-level misconduct that may otherwise go unaddressed.’

In addition to this new guidance, ASIC has also published Response to submissions on CP 359 Update to RG 263 Financial Services and Credit Panel (REP 734). The report highlights the key issues that arose out of the submissions received on and details our responses to those issues.

The submissions received were generally supportive of ASIC’s proposed approach. ASIC received three confidential and eight non-confidential written submissions. Copies of the non-confidential submissions are on the page on the ASIC website.

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