Skip to main content

The Federal budget always has some surprises, this year the Treasurer announced that there would be a relaxation to the responsible lending rules.

So what does that mean?

The proposed reforms would make it easier for everyday Australians to access credit – including home loans, credit cards and business loans – by rolling back rules that require banks to conduct meticulous checks of people’s expenses before administering a loan.

So now you won’t have to account for that daily soy latte habit, or the occasional bottle of red wine.

But with approvals for new home loans soaring and cash-strapped Australians contending with reduced stimulus payments, experts worry that a relaxation in the rules would burden households with unmanageable levels of debt.

When was responsible lending introduced?

Responsible lending was introduced by the Rudd government shortly after the Global Financial Crisis.

It came in the form of the National Consumer Credit Protection Act, which was legislated in 2009.

The main aim was to shift responsibility from borrowers to lenders.

This would protect households from providing false information, from taking on loans they had no chance of repaying, and from predatory lending practices.

The rules were re-examined during the banking royal commission, which resulted in banks further tightening their lending practices out of fear clients would pursue legal action if they couldn’t repay their loans.

So, why has the government announced these changes?

Treasurer Josh Frydenberg said in his budget speech that cutting red tape on credit applications would “give Australian businesses their best chance to succeed and keep more people in work”.

Along with easing restrictions on households, the government hopes the changes will stimulate economic activity and encourage more spending, which would filter into sectors like housing, construction and retail.

Which borrowers could benefit from the changes?

There are two groups that have found it harder to access credit since responsible lending laws were introduced: Self-employed workers and first-home buyers.

Subcontractors and self-employed workers regularly fell short of minimum living expenses tests mandated by the laws, even if they had substantial proof.

And that was due to everyday items – such as mobile phones, internet and household bills – being absorbed into business tax deductions.

First-home buyers are also hurt by the banks’ analysis of their spending, he said, with banks “unnecessarily” combing over UberEats records and Netflix and Spotify subscriptions.

And banks would apply little wriggle room for considering how spending habits would change once they owned a home.

Those who live at home with mum or dad and have a sizeable disposable income would typically not live to a tighter budget than someone who owns their first home.

So this is good news for people wanting to borrow to invest in property.

Are there any risks winding back responsible lending?

Short answer: Yes.

Elise Bant, professor in commercial regulation at the University of Western Australia, said consumers already struggled “navigating an incredibly complex financial environment” in pre-pandemic times.

And she said shovelling responsibility on to consumers, who have limited understanding of the intricacies of lending, could see them act against their best interests in the current economic turbulence.

It’s a bit of a perfect storm for consumers, really,” Professor Bant said.

“They’re usually inexperienced, and that generally makes them poor assessors or judges to have the capacity to choose the right kind of product for their circumstances.

“The question will be whether or not taking away these protections will reintroduce the vulnerabilities that can result in consumers losing their homes and suffering extreme financial and psychological distress.”

“One of the reasons why responsible lending was introduced was to do with asset-based lending, where banks made credit available in events where the borrower had no reasonable capacity to meet repayments,” Professor Bant said.

“But the bank’s position was protected because they had a mortgage over that person’s home.

“The rules were also introduced to reflect concerns over the relationship between borrowers and mortgage brokers in the past, where they would often work in their or the banks’ interests over the individual consumer.”

Parts of this article were sourced from the New Daily. You can read the whole article here.

House prices are on the rise. Find out the value of your property now.

Get a free online property report from Hicks Real Estate. It takes seconds.

Hicks Real Estate is a Brisbane based, full-service real estate agency supporting buyers and sell as well as renters and property investors. With almost 20 years experience in the local market, we are the real estate experts you can rely upon.