Regulator pressure leads to more lawyer appointments in Australia

The Australian financial services regulator ASIC is becoming so short of resources that lawyers are starting to fill the breach by taking on official roles as compliance consultants to banks and other institutions.

Australia: lawyers are becoming compliance consultants EyeofPaul

The Australian Securities and Investments Commission (ASIC) is, in effect, outsourcing some of its daily supervision work to the private sector. Grant Holley of Holley Nethcote told Lawyers Weekly: 'ASIC has had more and more areas given to it to look after, but it's also had a lot of money pulled out of it so it's not as well-resourced as it could be. The effect of that is it's expecting gatekeepers in the industry – such as lawyers and auditors – to do more.' 

Supervision of changes

A common way for this to happen is through an enforceable undertaking (EU). An EU is set up when a bank or other institution agrees with ASIC to make certain changes and to be supervised in the transformation process. A consultant is then engaged to oversee the implementation of the changes - and the consultant is most often a lawyer or an accountant. Source: Lawyers Weekly

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