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Purpose
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The Legal, Regulatory and Compliance Sub-Committee is established by and reports to the Policy Committee. It is aligned with, and supports, the ASFA Policy Vision of Effective Governance and Regulation. Its key focus is on developing policy positions that will ensure the industry achieves more 'consistent, effective and efficient regulation' and identifying strategic issues in relation to the regulatory environment and the regulatory approach taken by the regulators.
The Legal, Regulatory and Compliance Sub-Committee's purpose is to address legal and compliance implications of laws and government initiatives for funds. It will:
- Monitor, review and report on legal and compliance issues referred to it by the Policy Committee;
- Provide advice to the Policy Committee and the ASFA Secretariat on amendments to SIS, other legislation and guidelines which impact on the operations of superannuation funds and their key service providers;
- Identify opportunities for improving efficiency and effectiveness of superannuation funds' compliance requirements and operations;
- Assist in the development of ASFA responses to government discussion papers, draft legislation, guidelines and other matters of interest, particularly those inquiries and reviews that impact the legislative and regulatory environments;
- Discuss and develop strategic insights with a view to assisting ASFA in advocating progress towards the efficient functioning of government regulation and structure;
- Provide advice to the Policy Committee on ASFA's approach to proposed policy developments and implementation issues, including the status of relations between the regulators and the industry;
- Provide input to, and thereby assist, ASFA in progressing discussions with the regulatory bodies on issues concerning their regulatory approach (for example, consistency, risk identification, quality of staff, emerging industry-wide regulatory issues etc); and
- Generally act as a sounding board for, and provide input to, the ASFA Secretariat on matters relevant to the Sub-Committee as and when they arise.
It is important to have members on the Legal, Regulatory and Compliance Sub-Committee who are strategic thinkers and who liaise regularly with the regulators, superannuation funds and service providers, since the Sub-Committee is designed to be a conduit between the regulators and the industry. To this end, the Sub-Committee members should, wherever possible, report back to the Sub-Committee the outcome of their external discussions (eg. views of the regulators, other industry stakeholders etc).
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