Insurance Council of Australia Advocates for Structural Reforms to CSLR
Addressing Funding Pressures to Enhance Consumer Protection
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The Insurance Council of Australia (ICA) has called for structural reforms to the Compensation Scheme of Last Resort (CSLR) to address growing funding pressures and enhance consumer protection.
This appeal comes in response to a Treasury consultation paper examining the role of professional indemnity insurance in compensation claims.
Designed to protect professionals against negligence claims, professional indemnity insurance does not cover fraud, criminal conduct, or systemic failures-categories that account for a significant proportion of claims currently entering the CSLR. Attempting to expand professional indemnity cover to respond to these issues would simply shift the problem from one group to another and add significant costs to premiums without meaningfully addressing the reasons for the CSLR's significant shortfall.
To put the CSLR on a sustainable footing and better protect consumers, the ICA's submission identifies three priority reforms:
Greater regulatory oversight of managed investment schemes, which are the primary driver of CSLR claims, including consideration of an ASIC-approved list of products eligible for retail distribution.
Restricting CSLR compensation to actual capital losses and introducing means testing to direct funds to those most in need.
Reviewing minimum coverage limits, which have been largely unchanged since 2008, to reflect current market conditions.
The ICA will continue to work with the Government and Treasury on reforms that improve the CSLR's long-term financial sustainability, including on the design and implementation of proposed reforms.
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