Advice practices with robust record-keeping systems are poised to excel post the Statement of Advice (SoA) era, as the focus shifts towards the significance of file notes as superior evidence in dispute resolution processes. Michelle Levy’s recent proposals advocate for replacing the current legislative framework around SoAs with a principles-based ‘good advice’ regime, emphasizing the importance of written records of advice given to clients on demand.
Following the release of Levy’s recommendations, the Professional Planner Advice Practitioner Summit promptly hosted a panel discussion on the future of best interests duty. Centerpoint licensee general manager Allison Dummett highlighted the need for advice documents to mirror client conversations, underscoring the evolution towards more client-centric documentation.
Shail Singh, AFCA advice ombudsman, emphasized the essential role of evidence in demonstrating that advisers have fulfilled their professional obligations and provided conflict-free advice. Singh stressed the value of file notes and client conversation records over lengthy SoAs in proving informed consent and quality of advice.
Financial services minister Stephen Jones will engage in consultations on Levy’s recommendations in the upcoming months, with Professional Planner facilitating discussions in Sydney, Melbourne, and Brisbane. The discussion around the efficacy of SoAs and the shift towards prioritizing file notes as primary evidence underscores a broader evolution in the financial advice landscape.
Reflecting on the industry’s trajectory, Singh highlighted the regulatory responses to past misconduct, emphasizing the need for a robust framework to address conflicts of interest and ensure client protection. The introduction of best interests duty aimed to address negative perceptions of advisers and reinforce the profession’s commitment to ethical practices.
Dummett noted the ongoing evolution of the advice profession, from the introduction of advice documentation requirements to the implementation of best interests duty and the code of ethics. The emphasis on a principles-based approach and the removal of prescriptive compliance steps signal a shift towards a more client-focused and transparent advisory framework.
The industry’s focus on strengthening record-keeping practices and prioritizing client conversations over lengthy SoAs reflects a broader trend towards enhancing transparency, accountability, and client-centricity in financial advice. As the regulatory landscape continues to evolve, the industry is poised to adapt to new standards and practices that prioritize client outcomes and regulatory compliance.
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