The case for a ‘Treating Customers Fairly’ regime in Australia: evidence from other jurisdictions and a consumer survey

In the light of recommendations from the Financial Services Royal Commission, the Australian Law Reform Commission is currently reviewing the financial services regulatory framework, including to examine how fundamental norms (such as fairness) can be more effectively incorporated. In this article, we present results from a national survey of 2026 consumers to show that consumers have high expectations of fair treatment by firms, but that those expectations are not always met. Given these findings, we argue that a principles-based and outcomes focused ‘Treating Customers Fairly’ regime, such as those implemented in the United Kingdom and South Africa, should be given serious consideration by the Law Reform Commission.