Australian Prudential Regulation Authority (confidentiality) determination No. 26 of 2013

Administered by Department of the Treasury

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Australian Prudential Regulation Authority (confidentiality) determination

No. 26 of 2013

 

Information provided by life insurers and friendly societies under certain reporting standards

 

 

EXPLANATORY STATEMENT

Prepared by the Australian Prudential Regulation Authority (APRA)

Australian Prudential Regulation Authority Act 1998, section 57

Acts Interpretation Act 1901, section 33

  1. Purpose

The purpose of the Australian Prudential Regulation Authority (confidentiality) determination No.26  of 2013 (the determination) made on 9 December 2013 is to enable APRA to disclose, including by way of publication, certain information provided by life insurers and friendly societies to APRA under the reporting standards listed in Appendix A. This information will be of use to regulators, policymakers, industry, researchers, analysts and other interested parties.

2.      Legislative background

Subsection 56(5C) of the Australian Prudential Regulation Authority Act 1998 (APRA Act) provides that it is not an offence against section 56(2) of that Act to disclose information in a reporting document given to APRA under section 13 of the Financial Sector (Collection of Data) Act 2001 (FSCOD Act) where APRA has determined, under section 57, that the document does not contain confidential information.

Section 57 of the APRA Act gives APRA power to determine whether a document given under section 13 of the FSCOD Act contains confidential information.  The section provides that before doing so APRA must give relevant entities or bodies, or their representative association, a reasonable opportunity to make representations as to whether information of the kind contained in the document is confidential, and take such representations into account.  The consultation undertaken is discussed below.

3.      Information covered by the determination 

The determination provides that certain information given to APRA under the reporting standards listed in Appendix A is non-confidential. The reporting standards in Appendix A were made under section 13 of the FSCOD Act. This determination applies to all life insurers, including foreign life insurers operating in Australia through branch operations, and friendly societies.

 

 

 

4.      Consultation

 

In accordance with the requirements for consultation under section 57 of the APRA Act , APRA released a discussion paper on 22 February 2013 that proposed that all life insurance and friendly society data[1] be determined non-confidential, as well as proposals to change its statistical publications. The discussion paper provided all affected entities an opportunity to make representations on the proposed determination. The consultation period ended on 5 April 2013. APRA also invited some affected entities to make additional representations to clarify their submissions in response to the discussion paper, particularly in relation to proposed disclosures in institution-level publications.

 

APRA received submissions from four entities and representative associations during the consultation. These submissions supported the life insurance publications, and supported the principles behind the proposals to make life insurance data non-confidential. However, some submissions suggested that making all data non-confidential would cause detriment to commercial interests; particularly data at a product level, and information relating to individual counterparties.

 

As a result, APRA revised the proposed determination and primarily only included information that entities and representative associations suggested to date would not be detrimental to their commercial interests. Further consultation was then held in relation to the revised proposed determination with representative associations and their members. Certain information that is included in this determination, but that consulted parties suggested may be detrimental to their commercial interests, relate to data that has previously been determined by APRA to be non-confidential and has been previously been publicly disclosed on a regular basis.

 

APRA intends to further consult with entities and representative associations on other life insurance data that is collected under the FSCOD Act and is not included in this determination.

 

APRA considers, after taking affected entities’ representations into account that there is a strong public interest in the publication of the information in the determination, and this outweighs any potential detrimental effect to the commercial interests of life insurers and friendly societies.

 

5.     Statement of compatibility with human rights prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

A Statement of Compatibility with Human Rights is Appendix B to this Explanatory Statement.

 

 


Appendix A

 

Determination No. 26 of 2013 covers the following reporting standards and data:

 

Part 1 (reporting documents covered by this determination)

 

This determination applies to the annual information in reporting forms given to APRA by a life insurer or friendly society under the following reporting standards, where a period of at least 14 days has elapsed from the date the life insurer or friendly society was required to provide the information required under the reporting standards in accordance with paragraph 5 of Reporting Standard LRS 001 Reporting Requirements:

 

  1. New reporting standards which came into effect on 1 January 2013

 

  1. Reporting Standard LRS 300.0 Statement of Financial Position
  2. Reporting Standard LRS 112.0 Determination of Capital Base – only data in the form LRF 112.2 Determination of Capital Base (Entity)

 

Part 2 (Parts of reporting documents covered by this determination)

 

This determination applies to the annual information in reporting forms given to APRA by a life insurer or friendly society under the following reporting standards, where a period of at least 14 days has elapsed from the date the life insurer or friendly society was required to provide the information required under the reporting standards in accordance with paragraph 5 of Reporting Standard LRS 001 Reporting Requirements:

 

Parts of reporting form covered by this determination

Reporting standards

LRF_110_1: Prescribed Capital Amount (SF, GF) - statutory fund only

 

(a) Section 1: Summary of prescribed capital amount:

(i)              1. LRF 114: Asset risk charge

 

(ii)           2. LRF 115: Insurance risk charge

 

(iii)         3. Less: Aggregation benefit

 

(iv)          4. LRF 200: Aggregate risk charge for variable annuities

 

(v)            5. LRF 117: Asset concentration risk charge

 

(vi)          6. LRF 118: Operational risk charge

 

(vii)       7. Combined stress scenario adjustment

 

(viii)     8. Adjustment to prescribed capital amount as approved by APRA – Total amount

 

(ix)          9. Prescribed capital amount

 

(b) Section 2: Capital adequacy assessment - 

 

(i)              10. Capital base

 

(ii)           10.1 Tier 2 Capital

 

(iii)         11. Capital base net of Tier 2 Capital

 

(iv)          12. Capital in excess of prescribed capital amount

 

 

 

LRS 110.1 Prescribed Capital Amount (which came into effect on 1 January 2013)

 

LRF_110_2: Prescribed Capital Amount (Entity)

 

(a) Section 1: Summary of prescribed capital amount:

 

(i)     1. Life company: Prescribed capital amount

 

(b) Section 2: Capital adequacy assessment

 

(i)     2. LRF 112.2: Life company: Capital base

 

(ii)  2.1 Common Equity Tier 1 Capital

 

(iii)  2.2 Additional Tier 1 Capital

 

(iv)  2.3 Tier 2 Capital

 

(v)   3. Capital in excess of prescribed capital amount

LRS 110.1 Prescribed Capital Amount (which came into effect on 1 January 2013)

 

LRF_310_1: Income Statement (SF and SF Eliminations) and

 

LRF_310_2: Income Statement (SF Total, GF, GF Elim, Entity)

 

Revenue

 

(i)     1.6. Total insurance policy revenue, net of reinsurance

 

(ii)  2.4. Total fees for management services rendered

 

(iii)  3.3. Total investment revenue

 

(iv)  4. Other revenue

 

(v)   5. Total revenue

 

Expenses

 

(vi)  6.10. Total insurance policy expense, net of reinsurance

 

(vii)   7.13. Total operating expenses

 

(viii)  11. Effective movement in net policy liabilities

 

(ix)  12.1. Increase/(decrease) in policy owner retained profits

 

(x)   13. Other expenses

 

(xi)  14. Total expenses

 

(xii)   16.3. Total tax

 

(xiii)  17. Profit/(loss) after income tax

 

LRS 310.0 Income Statement (which came into effect on 1 January 2013)

 

AND

 

This determination applies to the annual information in reporting forms given to APRA by a life insurer and not a friendly society under the following reporting standards, where a period of at least 14 days has elapsed from the date the life insurer was required to provide the information required under the reporting standards in accordance with paragraph 5 of Reporting Standard LRS 001 Reporting Requirements:

 

Parts of reporting form covered by this determination

Reporting standards

LRF_110_1: Prescribed Capital Amount (SF, GF) - general fund only

 

(a) Section 1: Summary of prescribed capital amount:

(i)              1. LRF 114: Asset risk charge        

 

(ii)           2. LRF 115: Insurance risk charge

 

(iii)         3. Less: Aggregation benefit

 

(iv)          4. LRF 200: Aggregate risk charge for variable annuities

 

(v)            5. LRF 117: Asset concentration risk charge

 

(vi)          6. LRF 118: Operational risk charge

 

(vii)       7. Combined stress scenario adjustment

 

(viii)     8. Adjustment to prescribed capital amount as approved by APRA – Total amount

 

(ix)          9. Prescribed capital amount

 

(b) Section 2: Capital adequacy assessment - 

 

(i)     10. Capital base

 

(ii)           10.1 Tier 2 Capital

 

(iii)         11. Capital base net of Tier 2 Capital

 

(iv)          12. Capital in excess of prescribed capital amount

LRS 110.1 Prescribed Capital Amount (which came into effect on 1 January 2013)

 

 

Part 3 (Old reporting documents covered by this determination)

 

This determination applies to reporting forms given to APRA by a life insurer or friendly society under the following reporting standards.

 

 Reporting Standards effective from 1 January 2008 to 30 September 2009:

 

  • Reporting Standard LRS 100.0 Solvency (all data in form) ;
  • Reporting Standard LRS 120.0 Management Capital (all data in form);
  • Reporting Standard LRS 210.0 Derivatives, Commitments and Off-Balance

Sheet Items (all data in form);

  • Reporting Standard LRS 300.0 Statement of Financial Position (all data in form);
  • Reporting Standard LRS 310.0 Statement of Financial Performance (all data in form);
  • Reporting Standard LRS 330.0 Summary of Revenue and Expenses (all data in form except product level data);
  • Reporting Standard LRS 340.0 Retained Profits (all data in form);
  • Reporting Standard LRS 400.0 Statement of Policy Liabilities (all data in form except product level data);
  • Reporting Standard LRS 420.0 Assets Backing Policy Liabilities (all data in form except product level data); or
  • Reporting Standard LRS 430.0 Sources of Profit (all data in form except product level data).

 

Reporting Standards effective from 1 October 2009 to 31 December 2012:

 

  • Reporting Standard LRS 100.0 Solvency (all data in form);
  • Reporting Standard LRS 120.0 Management Capital (all data in form);
  • Reporting Standard LRS 210.0 Derivatives, Commitments and Off-Balance

Sheet Items (all data in form);

  • Reporting Standard LRS 300.0 Statement of Financial Position (all data in form);
  • Reporting Standard LRS 310.0 Statement of Financial Performance (all data in form);
  • Reporting Standard LRS 330.0 Summary of Revenue and Expenses  (all data in form except product level data);
  • Reporting Standard LRS 340.0 Retained Profits (all data in form);
  • Reporting Standard LRS 400.0 Statement of Policy Liabilities  (all data in form except product level data);
  • Reporting Standard LRS 420.0 Assets Backing Policy Liabilities  (all data in form except product level data); or
  • Reporting Standard LRS 430.0 Sources of Profit (all data in form except product level data).

 

 

 

 

 

 

 

 

 

Appendix B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Prudential Regulation Authority (confidentiality) determination

No. 26 of 2013

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

This Legislative Instrument will enable APRA to disclose (including by way of publication in industry bulletins) certain information provided to it by life insurers and friendly societies under certain reporting standards.  This information will be of use to inter alia, regulators, policymakers, industry, researchers and analysts.

Human rights implications

APRA has assessed this Legislative Instrument against the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (HRPS Act) and determined that only Article 17 of the International Covenant on Civil and Political Rights (ICCPR) is conceivably of relevance.

Article 17 of the ICCPR prohibits the arbitrary or unlawful interference with a person’s privacy, family, home and correspondence, and attacks on reputation. Article 17 is exclusively concerned with prohibiting interference with the privacy and/or reputation of individual persons. It does not extend to the privacy and/or reputation of corporate entities.

This Legislative Instrument will facilitate the disclosure of specific information given to APRA by general insurers in accordance with certain reporting standards.  It does not involve the disclosure of information directly relating to individual persons. Further, APRA reviews all releases of data received under reporting standards to ensure that no information pertaining to an individual person can be deduced from the data.

Consequently this Legislative Instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the HRPS Act.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

[1]   Where data are provided under the Financial Sector (Collection of Data) Act 2001

Overview

The Australian Prudential Regulation Authority (confidentiality) determination No. 26 of 2013, enacted on 9 December 2013, addresses the issue of confidentiality of certain information provided by life insurers and friendly societies to the Australian Prudential Regulation Authority (APRA). The purpose of this determination is to enable APRA to disclose, including by way of publication, certain non-confidential information that will be useful to regulators, policymakers, industry, researchers, analysts, and other interested parties. This determination was made under the Australian Prudential Regulation Authority Act 1998 and follows a process of consultation with relevant entities to ensure that the disclosure of information does not adversely affect their commercial interests. The determination specifies that certain information provided under certain reporting standards is considered non-confidential, aligning with the strong public interest in the transparency of financial sector data. A Statement of Compatibility with Human Rights has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, confirming that the determination does not engage any of the applicable rights or freedoms recognised in the international human rights instruments. The determination aims to facilitate the disclosure of specific information given to APRA by life insurers and friendly societies, ensuring that no information pertaining to individual persons is disclosed.

Scope and Application

The Australian Prudential Regulation Authority (confidentiality) determination No. 26 of 2013 applies to all life insurers, including foreign life insurers operating in Australia through branch operations, as well as friendly societies. The determination allows the Australian Prudential Regulation Authority (APRA) to disclose certain information provided by these entities under specific reporting standards. This information is intended for the benefit of regulators, policymakers, industry, researchers, analysts, and other interested parties. The covered information includes data on prescribed capital amounts, capital adequacy assessments, income statements, and other financial performance metrics. The determination applies to reporting documents given to APRA under certain reporting standards, specifically those that have been in effect since 1 January 2008. The determination also provides for the disclosure of specific information that has previously been determined by APRA to be non-confidential and has been regularly disclosed in the past. APRA has consulted with relevant entities and representative associations, taking their representations into account, and determined that there is a strong public interest in the publication of the information, which outweighs any potential detrimental effect to the commercial interests of the insurers and societies. This determination is compatible with human rights as it does not involve the disclosure of information directly relating to individual persons and does not interfere with their privacy or reputation.

Key Provisions

The Australian Prudential Regulation Authority (confidentiality) determination No. 26 of 2013 (the determination) primarily facilitates the disclosure of certain financial information provided by life insurers and friendly societies to the Australian Prudential Regulation Authority (APRA). This information includes details from annual reporting forms given under specific reporting standards, such as the Statement of Financial Position, Income Statement, and Prescribed Capital Amount, among others (sections 1 and 2). The determination applies to all life insurers, including those operating in Australia through branch operations, and friendly societies. Life insurers and friendly societies governed by this determination must provide the specified financial information to APRA under the listed reporting standards. This includes ensuring that the information is submitted within the required timeframes, typically 14 days after the insurer or society is required to provide it (section 4). APRA must consider any representations made by relevant entities or their representative associations before making a determination about the confidentiality of the information. Breaching the obligations under this determination could lead to legal consequences, although the determination itself does not explicitly outline specific offences or penalties. However, general obligations under the Australian Prudential Regulation Authority Act 1998 (APRA Act) and the Financial Sector (Collection of Data) Act 2001 (FSCOD Act) may apply. These could include administrative actions or enforcement measures by APRA, particularly if the breach involves the disclosure of information that is later deemed to be confidential. The APRA Act may also include provisions for fines or other penalties for non-compliance, though these are not detailed in the determination itself. The determination ensures that the disclosure of the specified financial information serves the public interest, outweighing any potential detriment to the commercial interests of the life insurers and friendly societies. APRA has undertaken consultations with affected entities and their representative associations to mitigate potential negative impacts on commercial interests while promoting transparency and regulatory oversight.

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