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Home News

AAT upholds ASIC’s decision to ban adviser

The Administrative Appeals Tribunal (AAT) has affirmed ASIC’s decision to ban an adviser for five years for failing to meet the best interest obligations when providing SMSF advice.

by Reporter
November 10, 2020
in News
Reading Time: 1 min read
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In December 2019, ASIC banned Wayne Blazejczyk for failure to meet best interests obligations when providing advice on SMSFs.

Mr Blazejczyk sought a review of the scope of ASIC’s banning order. He considered that the order should be limited to only prohibiting him from providing personal advice to retail clients, ASIC said in a public statement.

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“Mr Blazejczyk did not contest ASIC’s findings that he had breached a financial services law and conceded that a five-year banning period was appropriate,” the corporate regulator said.

The AAT was not satisfied that a limited banning order of the type proposed by Mr Blazejczyk would provide sufficient general deterrence.

“It was also not satisfied that the proposed limited banning order would promote consumer confidence and professionalism in the financial services industry,” ASIC said.

“In addition, the AAT was not satisfied that a permissive banning order, which would allow Mr Blazejczyk to engage in specific financial services activities, would be adequate to promote the protective objectives of the licensing regime.”

Tags: News

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SMSF Adviser is the authoritative source of news, opinions and market intelligence for Australia’s SMSF sector. The SMSF sector now represents more than one million members and approximately one third of Australia's superannuation savings. Over the past five years the number of SMSF members has increased by close to 30 per cent, highlighting the opportunity for engaged, informed and driven professionals to build successful SMSF advice business.

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