From deals with banks to dodgy cryptocurrency schemes, recent issues could spell crucial reform for ASIC

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From deals with banks to dodgy cryptocurrency schemes, recent issues could spell crucial reform for ASIC
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After years of issues and commentators calling for reform, the findings from a parliamentary inquiry into the corporate regulator ASIC are expected next month — with signs that significant changes could be on their way.

It's the stuff of nightmares: a Panama-based online Ponzi scheme expands its operations into Australia using a small group of Australian promoters and social media to reel in tens of thousands of Australians with the promise of a 1 per cent daily return on their investments.

Along with raising the usual issues about the regulator's effectiveness, this parliamentary inquiry examined its culture after former ASIC chairmanASIC's former boss says the job led him to despair Shipton used his testimony to call for "structural reform". He described the governance arrangements of ASIC as "convoluted" and "Swiss cheese" arrangements, saying it doesn't provide clarity.This hoary issue of ASIC's culture re-emerged earlier this month when ASIC released its 2023 survey on culture, based on the perceptions of 1,056 respondents, representing a 61 per cent response rate.

He also argues that there is too little understanding of what he describes as "the unique cultural and motivational human-capital challenges" within regulators; specifically, how the concepts of public service motivation apply to regulatory bodies. "While culture is built over many years, there is room for improvement in every organisation and ASIC is no different," he said.

For victims of crime, like the investors of CashFX, the real world experience is ASIC failed to protect them. Lawyer Mark Allen penned a submission to the latest parliamentary inquiry about his dealings with ASIC and its failure to act on a series of tip-offs from his client, an insider at a company called Nuix, which listed the biggest float of 2020 then destroyed billions of dollars in investor value.

The reality is ASIC has a big brief and limited resources. A cultural problem of staff lacking motivation, satisfaction and customer service focus needs to be taken seriously, particularly given the long-held perception that it is a timid regulator too slow to act on tip-offs.

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