Supervision of the Responsible Lending Regimes: Evidence, Theory, Analysis & Reforms

(2018) 46 Federal Law Review 193

28 Pages Posted: 7 Aug 2018

See all articles by Gill North

Gill North

Deakin University, Geelong, Australia - Deakin Law School

Therese Wilson

Independent

Date Written: July 18, 2018

Abstract

National responsible lending regimes have operated in Australia since 2009, with the stated aims to encourage prudent lending, curtail undesirable market practices, and impose sanctions for irresponsible lending and leasing. This article outlines a study of the supervision of the responsible lending rules by the Australian Securities and Investments Commission from 2014 to mid-2017. The study finds that the Commission proactively engaged with lenders, encouraged tighter lending standards, and sought or imposed severe penalties for egregious conduct. Further, the Commission strategically targeted credit products commonly acknowledged as the riskiest or most material from a borrower’s perspective, such as small amount credit contracts, interest only home loans, and car loans. Despite these positive findings however, many households are heavily indebted and large segments of the community and the nation are highly susceptible to future harm. In this environment, we question the timeliness and sufficiency of the Commission’s interventions and responses, and predict further litigation that tests the boundaries of the responsible lending rules. Moving forward, we call for more systematic supervision of responsible lending risks, practices and exposures and propose modest reforms that require lenders to better inform and engage with consumers about the risks of elevated levels of debt.

Keywords: responsible lending, consumer finance, consumer credit, household debt, regulatory theory, payday lending, car loans, housing loans, regulatory oversight, regulatory effectiveness

Suggested Citation

North, Gill and Wilson, Therese, Supervision of the Responsible Lending Regimes: Evidence, Theory, Analysis & Reforms (July 18, 2018). (2018) 46 Federal Law Review 193. Available at SSRN: https://ssrn.com/abstract=3215620

Gill North (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

Therese Wilson

Independent

No Address Available

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
48
Abstract Views
233
PlumX Metrics