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media release

IR 07-43 APRA and ½ñÈÕÈÈÃÅʼþrelease discussion paper on breach reporting by dual-regulated institutions

Published

The Australian Prudential Regulation Authority (APRA) and ½ñÈÕÈÈÃÅʼþhave issued a discussion paper on a proposed online breach reporting system for dual-regulated institutions.

The proposed system aims to simplify the process for regulated institutions to report breaches and reduce breach reporting duplication faced by those institutions regulated by both APRA and ASIC. The superannuation industry is already using an online system to report breaches to APRA. The proposed system will:

  • enable all APRA-regulated institutions - authorised deposit-taking institutions, general insurers, life insurance companies, friendly societies and superannuation licensees - to report breaches to APRA online; and
  • enable those institutions regulated by both APRA and ½ñÈÕÈÈÃÅʼþto report online breach notifications required to be lodged with both regulators through a single breach report to APRA, thereby eliminating the requirement for jointly regulated institutions to provide separate breach reports for the same incident to both regulators.

APRA member, Mr John Trowbridge, said APRA and ½ñÈÕÈÈÃÅʼþare working closely to reduce the breach reporting burden for dual regulated institutions and improve supervisory effectiveness.

‘This online system will allow all APRA-regulated institutions to report breaches in an efficient and low-cost way. Additionally, it will save them the requirement to report breaches separately to both regulators’, he said.

½ñÈÕÈÈÃÅʼþDeputy Chairman, Mr Jeremy Cooper said, ‘The cooperation between APRA and ½ñÈÕÈÈÃÅʼþon this initiative demonstrates the joint regulatory effort to achieve better outcomes for regulated entities’.

‘Breach notifications provide APRA and ½ñÈÕÈÈÃÅʼþwith valuable information to help identify emerging trends or issues, as well as alerting APRA and ½ñÈÕÈÈÃÅʼþto specific breaches of the law’, he added.

The proposal follows the recent passage through Parliament of the Financial Sector Legislation Amendment (Simplifying Regulation andReview)Act 2007. The Act introduces a consistent definition of reportable breaches across all institutions in APRA-regulated industries and all ASIC-regulated Australian Financial Services licensees.

APRA and ½ñÈÕÈÈÃÅʼþinvite interested parties to comment on the proposals by 31 October 2007. The discussion paper is available on the APRA website at and the ½ñÈÕÈÈÃÅʼþwebsite.

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