Letters to trustees

ASIC issue letters to trustees to guide and assist the industry to meet the regulatory requirements relevant to the superannuation industry.

See Superannuation news and reports for other communications.

Letters to trustees

8 August 2023Annual Performance Assessment 2023

ASIC has written to superannuation trustees regarding the 2023 annual performance assessment. This is the first year that the performance assessment will apply to both trustee-directed products and MySuper products.

Read the letter (PDF 246 KB)

7 March 2022ASIC and APRA release joint letter on implementation of the retirement income covenant

ASIC and APRA have issued a joint letter to all RSE licensees on the implementation of a new retirement income covenant (the covenant).

The letter follows the Government’s legislative amendments to the Superannuation Industry (Supervision) Act 1993, that will come into effect from 1 July 2022, and it sets out ASIC's and APRA's expectations of RSE licensees in implementing new requirements for their members in response to the covenant.

Read the letter

13 October 2021 ASIC calls on Australian CEOs to review whistleblower policies

ASIC has written to CEOs of public companies, large proprietary companies and trustees of RSEs urging them to review their whistleblower policies to ensure they comply with the law.

Read the media release

Read the letter (PDF 925 KB)

30 June 2021 ASIC and APRA letter to trustees on oversight of advice fee deductions from member accounts

ASIC and APRA have issued a joint letter outlining the regulators’ expectations of superannuation trustees in their oversight of financial advice fees charged to members’ accounts. The letter provides additional guidance informed by surveillances of trustees’ oversight frameworks and practices, cases identified during the Financial Services Royal Commission, and new obligations introduced by the Financial Sector Reform (Hayne Royal Commission Response No. 2) Act 2021, which commences on 1 July 2021.

Read the letter (PDF 217 KB)

28 April 2021Internal dispute resolution (IDR) in superannuation: Transition from RG 165 to RG 271 from 5 October 2021

ASIC Commissioner Danielle Press wrote to all superannuation trustee CEOs recently, highlighting the importance of CEO level engagement with the obligations set out in Regulatory Guide 271Internal Dispute Resolution (RG 271). These obligations commence 5 October 2021. ASIC is also seeking information from the superannuation industry to understand progress of their preparations for RG 271.

Read the letter (PDF 90 KB)

20 January 2021ASIC letter to superannuation trustees authorised to provide a superannuation trustee service

ASIC has issued a letter to superannuation trustees who from 1 January 2021, are authorised provide a superannuation trustee service by their Australian financial services licence. Only superannuation trustees who are existing Australian financial services licensees authorised to deal in superannuation and who are also RSE licensees regulated by APRA are taken by law to be authorised for the new financial service.

ASIC’s letter provides further information about the licensing regime changes that are relevant to them.

Read the letter (PDF 121 KB)

15 December 2020APRA and ASIC letter in relation to the Member Outcomes obligations and Product design and distribution obligations

APRA and ASIC have issued a joint letter to RSE licensees in relation to the Member Outcomes (MO) obligations and the Product design and distribution obligations (DDOs), to assist RSE licensees to better understand the way in which the MO obligations and the DDOs interact.

Read the letter

1 April 2020ASIC and APRA letter to superannuation trustees on impact of COVID-19

The unusual and challenging circumstances associated with COVID-19 require trustees to make new business arrangements, amend priorities and adjust their short-term investment strategies.

ASIC and APRA have written to all registrable RSE licensees reminding trustees of their obligations during this time.

14 February 2020ASIC and APRA welcome law reform on superannuation regulatory roles

ASIC and APRA have jointly welcomed the proposed legislative reforms increasing the role of ASIC in superannuation. The regulators have issued a joint letter to superannuation trustees explaining how regulatory oversight will operate (assuming the reforms become law) and how ASIC and APRA will work together to more effectively promote better outcomes for members.

Download the letter (PDF 134 KB)

13 December 2019Superannuation industry urged to focus on improving insurance outcomes for members

ASIC has released Report 646 on the superannuation industry’s progress in improving consumer outcomes in relation to life insurance provided through superannuation.

ASIC Commissioner Danielle Press has encouraged the industry to read the report and make meaningful improvements in relation to their insurance offering for the benefit of consumers.

29 October 2019Member communications in relation to Treasury Laws Amendment (Putting Members’ Interests First) Act 2019 and Treasury Laws Amendment (Protecting Your Superannuation Package) Act 2019

ASIC has issued a letter to superannuation industry associations to highlight expectations relating to member communications associated with the Treasury Laws Amendment (Putting Members’ Interests First) Act 2019 and further member communications associated with the Treasury Laws Amendment (Protecting Your Superannuation Package) Act 2019.

4 October 2019Insurance in Superannuation Voluntary Code of Practice

ASIC has issued a letter to superannuation industry associations, outlining our observations and concerns about the implementation of the Insurance in Super Voluntary Code of Practice.

10 April 2019ASIC and APRA letter to trustees on oversight of advice fee deductions from member accounts

ASIC and APRA have written to all registerable superannuation entity licensees to reinforce the importance of ensuring fees charged to members are in line with the members’ best interests.

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What's new

ASIC calls on industry to improve oversight of Choice super performance and address issues

21 February 2024

ASIC has called out the risk to retirement outcomes for Australians holding their super in persistently underperforming options, and calls on trustees, financial advisers and advice licensees to focus on the performance of Choice investment options.

Read the release

Read the report

ASIC temporarily extends relief from disclosure and reporting consistency obligations for super trustees

21 December 2023

A new instrument ASIC Superannuation (Disclosure and Reporting Consistency Obligations) Instrument 2023/941 continues the relief previously provided under ASIC Class Order [CO 14/541] which is due to expire on 1 January 2024.

Read more about the deferral

OnePath Custodians penalised $5 million for fees for no service misconduct

29 November 2023

The Federal Court has ordered OnePath Custodians Pty Ltd to pay a penalty for making false or misleading representations about its right to continue charging fees, and for failing to provide services to members efficiently, honestly and fairly due to its misleading conduct and by deducting fees when not entitled to do so.

Read the media release

HESTA trustee pays infringement notices for misleading marketing

10 November 2023

ASIC has taken action against H.E.S.T. Australia Limited (HESTA), the trustee of HESTA superannuation fund, for alleged false or misleading statements made in their marketing material.

Read the media release

ASIC takes civil penalty action against Telstra Super

6 November 2023

ASIC has commenced civil penalty proceedings in the Federal Court alleging Telstra Super failed to comply with internal dispute resolution requirements.

Read the media release

ASIC proposes to temporarily extend relief from disclosure and reporting consistency obligations for super trustee

6 November 2023

ASIC proposes to extend the exemption from the consistency obligations in ASIC Class Order [CO 14/541]  for two years.

Read more

Last updated: 03/01/2024 11:00