
Most Australians who take out a home loan now do it through a broker. ASIC says “more than 80% of home loans are now arranged through mortgage brokers” (ASIC 26-240MR, 13 October 2026). That influence comes with a legal duty: when a broker recommends a home loan, they must act in your best interests. This guide explains where the duty came from, what it requires, where it stops, and what ASIC’s October 2026 review found when it tested how the industry applies it.
The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry examined mortgage broking. Its final report, released on 4 February 2019, included Recommendation 1.2 (a best interests duty) and Recommendation 1.3 (broker remuneration) (ASIC RG 273.1).
The government responded with the Financial Sector Reform (Hayne Royal Commission Response—Protecting Consumers (2019 Measures)) Act 2020, which inserted the new obligations into the National Consumer Credit Protection Act 2009 (the National Credit Act) along with some remuneration reforms (RG 273.2). Parliament passed it in February 2020 (ASIC 20-146MR, 24 June 2020). Brokers had to comply from 1 January 2021. ASIC gave a temporary six-month exemption from 1 July 2020 because of COVID-19 (RG 273.4).
There are two obligations, together called the “best interests obligations” (RG 273.2–273.3):
The legislation explains the aim simply: to improve consumer outcomes, first by requiring brokers to act in their clients’ best interests, and second by reducing the potential for conflicts of interest to affect the advice consumers receive (quoted at RG 273.3). In practice ASIC expects a broker to understand your objectives, consider a range of options, and keep records that explain why the recommended loan suits you. Where a lower-cost option exists, ASIC expects a clear reason why the recommendation still delivers more value for your circumstances.
The duty applies only to credit regulated by the National Credit Act. That is credit for personal, domestic or household purposes, or to buy or improve residential investment property (RG 273.5). Business loans, development finance and most commercial facilities fall outside it. That is why Siare’s home loans page keeps regulated consumer lending separate from the business and development finance we arrange: different law applies to each.
Responsible lending obligations also sit in the National Credit Act. Lenders and brokers must make reasonable inquiries about your requirements, objectives and financial situation, take reasonable steps to verify it, and assess whether the loan is “not unsuitable” for you (ASIC RG 209).
Most brokers are paid by the lender: an upfront commission when the loan settles and, usually, an ongoing trail commission while it stays on the lender’s books. If a broker charges you a fee directly, it has to be disclosed to you first.
The trail question was contested. The Productivity Commission’s 2018 report said “trail commissions should be banned and clawback of commissions from brokers restricted”, and that everyone delivering home loans should have “a clear legally-backed best interest obligation” (Productivity Commission, 2018). In March 2019 the government decided not to adopt the Royal Commission’s recommendation to scrap trail commissions on new loans. It said it would review them in three years instead (The Sydney Morning Herald, 12 March 2019). The best interests duty went ahead, and it is now the main legal protection against commission-driven recommendations.
On 13 October 2026 ASIC released Report 840. It covered 13 credit licensees in eight large aggregator groups, which together are responsible for about two-thirds of mortgage broker representatives in Australia. It used data from 1 April 2023 to 31 March 2025 (ASIC 26-240MR). The groups reviewed included Connective Credit Services, the licensee Siare’s consumer credit services are authorised under.
ASIC described its key findings across the groups as follows:
ASIC’s message to licensees was direct: “The greater the cost difference, the stronger the evidence needed to show the recommendation is in the consumer’s best interests.”
Say you are refinancing a $600,000 loan. Option A is the lowest rate on the broker’s panel, with no offset account. Option B costs 0.15% a year more, about $900 a year on the opening balance, but has a full offset account. If you keep about $60,000 in savings, the offset could reduce your interest by more than the higher rate costs. Then B can be in your best interests. If you don’t keep savings, it probably isn’t. Either way, the reasoning should be written down and explained to you before you choose. That is the standard ASIC’s review is pushing the industry towards.
A good broker will welcome these questions. They are also the questions ASIC now expects licensees to be able to answer from the file.
No. It applies only to credit regulated under the National Credit Act, mainly home loans and residential investment loans for individuals.
No. But if they recommend a more expensive loan, they need a clear, documented reason why it is better for you. ASIC’s 2026 review focused on exactly that.
Yes. The government decided in 2019 not to ban trail commissions on new loans, and the best interests duty and conflict priority rule now apply instead.
Complain to the broker’s licensee first. If it isn’t resolved, you can take it to AFCA.
General information only. It is not credit assistance, financial product advice, legal advice or an offer of finance, and it does not take account of your objectives, financial situation or needs. Siare’s consumer credit services are provided by Site Solutions (VIC) Pty Ltd, Australian Credit Representative Number 526276, authorised by Connective Credit Services Pty Ltd, Australian Credit Licence 389328.