Financial Sector (Collection of Data) (reporting standard) determination No. 6 of 2023

Administered by Department of the Treasury

Legislation au F2023L00249 Not in force Legislative Instrument

Legislation content

Financial Sector (Collection of Data) (reporting standard) determination Nos. 4, 6, 9, 10, 11, 12, 13, 14, 18, 19 and 20 of 2023

EXPLANATORY STATEMENT

Prepared by the Australian Prudential Regulation Authority (APRA)

Financial Sector (Collection of Data) Act 2001, sections 13 and 15

Acts Interpretation Act 1901, section 33

Under subsection 13(1) of the Financial Sector (Collection of Data) Act 2001 (the Act), APRA has the power to determine reporting standards, in writing, with which financial sector entities must comply. Such standards relate to reporting financial or accounting data and other information regarding the business or activities of the entities. Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue an instrument of a legislative or administrative character the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to revoke any such instrument. 

Subsection 15(1) of the Act provides that APRA may declare a day on and after which the reporting standards are to apply.

On 16 March 2023, APRA made the following determinations (the instruments):

  1. The Financial Sector (Collection of Data) (reporting standard) determination No. 4 of 2023 which:

 

(i)     revokes Reporting Standard GRS 110.1 Prescribed Capital Amount (GRS 110.1) made under Financial Sector (Collection of Data) (reporting standard) determination No. 2 of 2013; and

 

(ii)  determines a new version of GRS 110.1;

 

2.      The Financial Sector (Collection of Data) (reporting standard) determination No. 6 of 2023 which:

 

(i)     revokes Reporting Standard GRS 114.0 Asset Risk Charge (GRS 114.0) made under Financial Sector (Collection of Data) (reporting standard) determination No. 5 of 2013; and

 

(ii)  determines a new version of GRS 114.0;

 

3.      The Financial Sector (Collection of Data) (reporting standard) determination No. 9 of 2023 which:

 

(i)     revokes Reporting Standard GRS 115.0 Outstanding Claims Liabilities- Insurance Risk Charge (GRS 115.0) made under Financial Sector (Collection of Data) (reporting standard) determination No. 10 of 2013; and

 

(ii)  determines a new version of GRS 115.0;

 

4.      The Financial Sector (Collection of Data) (reporting standard) determination No. 10 of 2023 which:

 

(i)     revokes Reporting Standard GRS 115.1 Premiums Liabilities- Insurance Risk Charge (GRS 115.1) made under by Financial Sector (Collection of Data) (reporting standard) determination No. 11 of 2013; and

 

(ii)  determines a new version of GRS 115.1);

 

5.      The Financial Sector (Collection of Data) (reporting standard) determination No. 11 of 2023 which:

 

(i)     revokes Reporting Standard GRS 116.0 Insurance Concentration Risk Charge (GRS 116.0) made under Financial Sector (Collection of Data) (reporting standard) determination No. 12 of 2013; and

 

(ii)  determines a new version of GRS 116.0;

 

6.      The Financial Sector (Collection of Data) (reporting standard) determination No. 12 of 2023 which:

 

(i)     revokes Reporting Standard GRS 118.0 Operational Risk Charge (GRS 118.0) made under Financial Sector (Collection of Data) (reporting standard) determination No. 15 of 2013; and

 

(ii)  determines a new version of GRS 118.0;

 

7.      The Financial Sector (Collection of Data) (reporting standard) determination No. 13 of 2023 which:

 

(i)     revokes Reporting Standard GRS 300.0 Statement of Financial Position (GRS 300.0) made under Financial Sector (Collection of Data) (reporting standard) determination No. 16 of 2013; and

 

(ii)  determines a new version of GRS 300.0;

 

8.      The Financial Sector (Collection of Data) (reporting standard) determination No. 14 of 2023 which:

 

(i)     revokes Reporting Standard GRS 310.0 Income Statement (GRS 310.0) made under Financial Sector (Collection of Data) (reporting standard) determination No. 17 of 2013; and

 

(ii)  determines a new version of GRS 310.0;

 

9.      The Financial Sector (Collection of Data) (reporting standard) determination No. 18 of 2023 which:

 

(i)     revokes Reporting Standard GRS 400.0 Statement of Risk by Country (GRS 400.0) made under Financial Sector (Collection of Data) (reporting standard) determination No. 21 of 2013; and

 

(ii)  determines a new version of GRS 400.0;

 

10.  The Financial Sector (Collection of Data) (reporting standard) determination No. 19 of 2023 which:

 

(i)     revokes Reporting Standard GRS 410.0 Movement in Outstanding Claims Liabilities (GRS 410.0) made under Financial Sector (Collection of Data) (reporting standard) determination No. 22 of 2013; and

 

(ii)  determines a new version of GRS 410.0; and

 

11.  The Financial Sector (Collection of Data) (reporting standard) determination No. 20 of 2023 which:

 

(i)     revokes Reporting Standard GRS 420.0 Premium Revenue by State and Territory of Australia (GRS 420.0) made under Financial Sector (Collection of Data) (reporting standard) determination No. 23 of 2013; and

 

(ii)  determines a new version of GRS 420.0.

These instruments commence on 1 April 2023.

  1. Background

APRA’s prudential framework includes a suite of prudential standards that impose capital requirements for general insurers (GIs), for the purpose of ensuring GIs hold sufficient capital to address the risks associated with their operations.

APRA’s reporting standards collect financial data from regulated entities. This data contains critical indicators of a regulated entity’s financial wellbeing, including capital adequacy. APRA relies heavily on this financial data to inform its supervisory actions towards its regulated entities. Without timely and complete data, APRA may miss indicators that a GI is taking on imprudent risk or is in distress. APRA’s supervisory decisions may be jeopardised if its receipt of data is unreliable due to entities seeking merits review under its reporting standards.

In 2013, APRA introduced new reporting requirements for GIs following the Life and General Insurance Capital review of the regulatory capital framework for GIs and life insurers (LIs) that APRA commenced in 2010 (LAGIC review). APRA made a range of amendments to its prudential framework to give effect to the findings of the review. As a result of the changes, there was a common capital framework across GIs and LIs.

The new reporting requirements introduced as a result of the LAGIC review permit APRA to collect data to support APRA’s prudential supervision of GIs and are used by APRA to assess compliance with the capital standards.

The reporting standards were last determined by APRA in 2013 (the previous instruments).

2.      Purpose and operation of the instruments

The previous instruments were to be repealed by sunsetting on 1 April 2023 under subsection 50(1) of the Legislation Act 2003. APRA has reviewed the regulatory performance of the previous instruments and found that they continue to be fit for purpose. Consequently, APRA intends that they be remade without substantive changes.

The purpose of the instruments is to revoke the previous instruments and remake the instruments with minor changes to use the drafting style employed currently for APRA’s reporting standards, such as formatting to improve readability and accessibility in line with government requirements, make minor definitional changes and update the commencement date. The changes to the instruments do not alter the existing reporting obligations or interests of GIs. The due dates, data required and the application of the reporting standards have not changed.

The instruments incorporate by reference certain provisions of Acts, Prudential Standards, and Australian Accounting Standards issued by the Australian Accounting Standards Board. All of these references are references to the instruments as they exist from time to time. These instruments are disallowable instruments and are available on the Federal Register of Legislation at www.legislation.gov.au.

There are a number of powers that may be exercised by APRA in reporting standards that involve an element of discretion and which may impact the interests of the financial sector entity to which the reporting standard applies. These decisions include APRA refusing to change a reporting period or due date for a GI to provide information required by the instruments. Decisions made by APRA exercising those powers are not subject to merits review. Delays caused by an entity seeking merits review of APRA’s decisions under one or more reporting standards could significantly compromise use of the data at an entity and aggregate level by APRA. It is necessary that these reporting standards be allowed to continue in force from 1 April 2023 onwards.

APRA considers decisions made by APRA exercising discretions under its reporting standards should not be subject to merits review as they are financial decisions with a significant public interest element.

3.      Consultation

The substance of the instruments has already been consulted on with industry when originally determining the reporting standards (see the Explanatory Statements for the previous instruments). APRA is satisfied that further consultation is not necessary and not reasonably practicable to undertake for these instruments. The instruments do not alter the existing reporting obligations that are required to be complied with by GIs and any changes to the instruments are minor and machinery in nature.

4.      Regulation Impact Statement

The Office of Impact Analysis has advised that a Regulation Impact Statement is not required for these legislative instruments.

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

A Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is provided at Attachment A to this Explanatory Statement.

Attachment A

Statement of Compatibility with Human Rights

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

Financial Sector (Collection of Data) (reporting standard) determination Nos. 4, 6, 9, 10, 11, 12, 13, 14, 18, 19 and 20 of 2023

of 2023

These Legislative Instruments are 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 (HRPS Act).

Overview of the Legislative Instruments

These Legislative Instruments permit APRA to collect data to support APRA’s prudential supervision of general insurers (GIs) and are used by APRA to assess compliance with the capital standards. GIs are bodies corporate authorised to conduct insurance business in Australia.

The purpose of the Legislative Instruments is to revoke the existing versions of the instruments determined by APRA in 2013 and replace them with new versions. New versions of the instruments are being made as the instruments are due to sunset on 1 April 2023.

Human rights implications

APRA has assessed the Legislative Instruments and is of the view that they do not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the HRPS Act. Accordingly, in APRA’s assessment the Legislative Instruments are compatible with human rights.

Conclusion

These Legislative Instruments are compatible with human rights as they do not raise any human rights issues.

Overview

The Financial Sector (Collection of Data) (reporting standard) determinations Nos. 4, 6, 9, 10, 11, 12, 13, 14, 18, 19, and 20 of 2023 were enacted to renew and revise the reporting standards for the collection of financial and accounting data by the Australian Prudential Regulation Authority (APRA) from financial sector entities. These determinations were made under the authority of the Financial Sector (Collection of Data) Act 2001, which empowers APRA to set and revise reporting standards for financial entities to ensure timely and accurate data collection. This data is critical for APRA’s prudential supervision of general insurers, helping to assess capital adequacy and address operational risks. The new determinations were introduced to replace the previous instruments, which were set to expire on 1 April 2023, while maintaining the existing reporting obligations and due dates. The changes made to the instruments are primarily technical and formatting adjustments to improve readability and accessibility, ensuring compliance with current government requirements. These determinations aim to maintain the integrity of APRA’s supervisory framework by ensuring the continuity of essential data collection practices. By revoking and remaking the reporting standards, APRA seeks to uphold the effectiveness of its regulatory oversight, which is vital for maintaining financial stability and protecting policyholders within the Australian insurance sector. The instruments are designed to ensure that APRA’s decisions under the reporting standards, which involve a degree of discretion, remain free from merits review, thereby preventing potential delays that could undermine the timely use of financial data.

Scope and Application

The Financial Sector (Collection of Data) (reporting standard) determination Nos. 4, 6, 9, 10, 11, 12, 13, 14, 18, 19 and 20 of 2023, made under the Financial Sector (Collection of Data) Act 2001, apply to financial sector entities, specifically general insurers (GIs) that are bodies corporate authorised to conduct insurance business in Australia. These determinations, which revoke previous reporting standards and establish new ones, aim to ensure that APRA continues to receive timely and complete financial data from these entities. The data collected is critical for APRA's prudential supervision of GIs, assessing compliance with capital standards, and informing supervisory actions. These legislative instruments have a Commonwealth jurisdictional reach, and they commenced on 1 April 2023. While the instruments do not introduce substantive changes to the existing reporting obligations, they include minor updates to formatting, definitions, and the commencement date to align with current government requirements and improve readability. APRA has determined that these instruments should not be subject to merits review, given their significant public interest element. Additionally, the Office of Impact Analysis has advised that a Regulation Impact Statement is not required for these legislative instruments, and APRA has prepared a Statement of Compatibility with Human Rights, confirming that these instruments are compatible with the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Financial Sector (Collection of Data) (reporting standard) determinations Nos. 4, 6, 9, 10, 11, 12, 13, 14, 18, 19, and 20 of 2023 (the instruments) primarily serve to revise and renew existing reporting standards for general insurers (GIs) as they were due to sunset on 1 April 2023. These determinations (sections 13 and 15 of the Financial Sector (Collection of Data) Act 2001) allow the Australian Prudential Regulation Authority (APRA) to set reporting standards for financial data collection from GIs, including information on capital adequacy and risk management, which are essential for APRA's prudential supervision. The instruments revoke the previous reporting standards determined in 2013 and introduce new versions, maintaining the same reporting obligations and due dates but updating the drafting style for readability and accessibility. APRA, exercising its discretion under these standards, ensures that decisions regarding reporting periods and due dates are not subject to merits review, aiming to prevent delays that could compromise data reliability. APRA is mandated to collect specific financial and accounting data from GIs as outlined in the reporting standards. These entities must adhere to the revised standards, ensuring timely and accurate reporting of their financial position, risk charges, and other critical metrics. The obligations include providing detailed data on prescribed capital amounts, asset risk charges, outstanding claims liabilities, premiums liabilities, insurance concentration risk charges, operational risk charges, statements of financial position, income statements, statements of risk by country, movement in outstanding claims liabilities, and premium revenue by state and territory. Failure to comply with these reporting standards could result in APRA taking supervisory actions, impacting the GIs' operational and financial stability. Breaches of the reporting standards may not directly result in criminal or civil penalties under these instruments. However, non-compliance or inadequate reporting can lead to significant regulatory consequences for GIs. APRA may use its supervisory powers to intervene, potentially including issuing directions, imposing fines, or taking other regulatory measures to ensure compliance. The severity of these actions depends on the nature and extent of the non-compliance, but they are aimed at maintaining the integrity and stability of the financial sector. These instruments underscore the importance of timely and accurate financial reporting for effective prudential supervision.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.