Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 251

Royal Commission 4: Perverse incentives create perverse outcomes

“The point is, ladies and gentleman, that greed, for lack of a better word, is good. Greed is right, greed works. Greed clarifies, cuts through, and captures the essence of the evolutionary spirit. Greed, in all of its forms; greed for life, for money, for love, [for] knowledge has marked the upward surge of mankind.”   Gordon Gekko, Wall Street (1987)

Ever since that ‘greed is good’ speech, in what was termed the ‘decade of greed’ (the eighties), the finance industry has been Hollywood’s, and the public’s, go-to villain. The global financial crisis emboldened that view. Public investigations satisfy a desire to vilify a maligned section of society, but vilification is not a solution.

In August 2016, 70% of respondents to a Cuffelinks survey opposed the setting up of the Royal Commission (see What readers think about a bank royal commission). Two points, 'There are already enough regulators, inquiries and committees' and 'Banks have many stakeholders and can’t keep everyone happy' had three-quarters of readers agreeing.

I wonder how many have changed their minds about the Royal Commission being a bank-bashing fest and a waste of time and money. I admit I have.

The most high-profile recent backflip came after a strenuously evasive denial on national television. It was a masterful samba, even for a politician, many of whom have earned honorary doctorates in the art of evasion. Minister for Financial Services, Kelly O’Dwyer, dodged Barry Cassidy’s question on ABC’s Insiders eight times on Sunday, 22 April. Five days later, O’Dwyer told an SMSF conference in Melbourne:

“With the benefit of hindsight we should have called it earlier, I am sorry we didn’t, and I regret not saying this when asked earlier this week.”

Sales or advice?

Does anyone go to a Honda car dealer and receive a recommendation to buy a Toyota instead? When was the last time real estate agents recommended a comparable property not in their portfolio? Does that make car dealers and real estate agents morally corrupt by virtue of their profession? We understand they have a duty to their principals, the sellers, and not to potential buyers. More importantly, there is no ambiguity: the agent/dealer has a sales function, not an advisory one.

Even the legal profession has a niche for advocacy. It’s the court’s ambit to find the truth, but advocates are duty-bound to represent their client’s interests.

So how does a financial adviser become a selling agent for someone and an unbiased adviser for a client at the same time without developing a multiple-personality disorder? Watch how this exchange on Day 15 at the Royal Commission traverses toward the obvious. It’s between Rowena Orr, QC, Counsel assisting the Commission (RO) and Michael Wright, Head of Advice at Westpac (MW):

RO: Do you think of yourself, Mr Wright, as a sales professional?

MW: No, I don’t.

RO: I have had a look at your LinkedIn profile which lists various things about what you do, and one of the descriptors that you give of yourself is as a sales professional; is that right?

MW: It could be.

RO: Would you like me to show it to you or – I’m happy to?

MW: No, I’m happy to believe you.

RO: I’m interested in that because I want to understand whether you think of the financial advice industry as a sales industry?

MW: I don’t.

RO: You don’t. And do you think it’s possible for a financial adviser to be both a salesperson and a trusted adviser at the same time?

MW: Well, to me, they’re – they’re connected. To be a trusted adviser means that you understand your customer, you tailor their needs to their needs – sorry, to their desires. Often, to realise that, you need to put strategies in place which, in essence, result in products. So, by default, if you genuinely care in taking action, there will be an element of product to bring that to life. So, yes, you could say that is a sale.

RO: Maybe there won’t, Mr Wright. Maybe the right advice for a person is not to sell them products?

MW: Yes, I agree.

You can see the whole exchange here.

Financial incentives have power, as do desires for professionalism, knowledge, and respect. Can we align financial incentives toward doing the honourable thing? That’s where the Commissioner, Kenneth Hayne, went as well:

“Well, forget beating up on yourself, Mr Wright. Can you offer any way in which that sort of thing – I’m trying to find a neutral expression – could be reflected in management structures, organisation, or anything of that kind?”

Contradictory incentives hurt. Terry McMaster, the head of Dover Financial, collapsed while taking questions at the Royal Commission. The Commission is not falling short on its fact-finding mission, and on drama, it had surpassed Hollywood by Day 19.

Long-run outcomes gravitate toward incentives

The big players lobbied during the development of the Future of Financial Advice (FOFA) legislation for keeping the commissions not just because they had bought businesses based on cash flow models that assumed the commissions were there to stay. They wanted to create even more products to sell. What they bought was a sales model dressed up as an advisory service, and it compromised the professionalism of advisers.

The industry knows this. We saw it in Michael Wright’s and Jack Regan’s (AMP) testimony. Executives are themselves now pleading for a law that will bind everyone to a fee-for-service model, addressing the first-mover disadvantages. Consider this exchange between Michael Hodge (MH) for the Commission and Jack Regan (JR):

MH: Do you, as the head of advice – I’m sorry, as the group executive in charge of advice, have a view about whether the taking or continued taking of commissions is compatible with the purported professionalisation of financial planners?

JR: Well, as I said before, my preference would be for fee arrangements expressly.

MH: And is that because you don’t think that it is compatible with the idea of financial planners being a profession that they continue to receive commissions?

JR: I think fees are much more consistent with a professional environment, yes.

In the earlier Round 1 interviews on mortgage broking, CBA admitted there was a conflict of interest created by the commission payments, and that brokers were likely to burden customers with debt they could not repay. In 2011, KPMG and Westpoint directors paid $67 million to ASIC, acting on behalf of Westpoint investors. In that case, it was alleged that financial planners were receiving around a 10% commission to sell clients into mezzanine finance for property construction.

Baring Brothers, a merchant bank that stood proud for 223 years, was brought down by a perverse incentive structure. Nick Lesson was an accident waiting to happen. Give someone $10,000 to play at the casino all night, every night. They keep 20% of the winnings, none of the losses. Will they play every night? You bet.

Incentives matter a great deal in both directions. Fund managers and equity analysts must look deep into incentive structures in the companies they put a valuation on. Perverse incentives will eventually create perverse outcomes.

 

Vinay Kolhatkar is Assistant Editor at Cuffelinks.

 

  •   3 May 2018
  • 2
  •      
  •   

RELATED ARTICLES

Do HNWI get better advice?

Five charts show predicaments facing financial advice

Three financial advice changes nobody is talking about

banner

Most viewed in recent weeks

Indexation implications – key changes to 2026/27 super thresholds

Stay on top of the latest changes to superannuation rates and thresholds for 2026, including increases to transfer balance cap, concessional contributions cap, and non-concessional contributions cap.

The refinery problem: A different kind of energy crisis in 2026

The Strait of Hormuz closure due to US-Iran conflict severely disrupted global energy supply chains. While various emergency measures mitigated the crude impact, the refined product market faces unprecedented stress.

3 ways to defuse intergenerational anger

With the upcoming budget increasingly likely to include bold proposals to alter the tax code I’ve outlined three incremental steps with fewer unintended consequences.

The missing 30%: how LIC returns are understated, and why it matters

The perceived underperformance of LICs compared to ETFs is due to existing comparison data excluding crucial information, highlighting the need for proper assessment and transparent reporting.

Little‑known government scheme can help retirees tap into $3 trillion of housing wealth

The Home Equity Access Scheme in Australia allows older homeowners to tap into their home equity for retirement income, yet remains underused due to lack of awareness and its perceived complexity.

Origins of the mislabeled capital gains tax ‘discount’

Debate over the CGT discount is intensifying amid concerns about intergenerational equity and housing affordability. This analysis shows that the 'discount' does not necessarily favor property investors.

Latest Updates

Retirement

2 billion reasons to fix retirement income

A proposal to address Australia's 'stranded balances' in retirement by requiring super funds to transition members to pension phase at 65, boosting retirement income and reframing super as a source of income.

Investment strategies

Not much alpha left in this bet

Google redefined advertising with its innovative business model, but its dominance is now under siege from AI competitors and shifting market dynamics.

Five simple reasons why Australian cash rates are highest

Australians are suffering the highest cash rates amongst their rich country peers for five simple reasons, including outdated inflation targeting and undisciplined monetary and fiscal policies.

Investment strategies

Spending big on AI: So where’s the proof it’s working?

Business leaders must reassess AI's return on investment using new frameworks that reflect productivity, capability shifts and long-term value creation.

Economy

Double down on renewables?

Global volatility has sharpened Australia's focus on energy security. Calls for domestic fuel production clash with renewable energy goals, sparking a debate on balancing traditional and sustainable energy sources effectively.

Investment strategies

Private Credit headwinds move onshore

It’s been a volatile couple of months in markets with the ongoing conflict in Iran. For Australian private credit investors, however, large exposures to real estate lending could mean the worst is yet to come.

Property

Five reasons unlisted commercial property is an attractive allocation in uncertain times

Cromwell takes a look at replacement cost as a practical lens on relative value in commercial property. When build-new costs rise faster than asset pricing, the gap can create opportunities in well-located existing assets.

Sponsors

Alliances

© 2026 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.