Louise Petschler GAICD on recent geopolitical developments

    Current

    With geopolitical upheaval affecting governance, and regulatory simplification on the agenda, there is much to consider in the months ahead.


    Geopolitics & governance trends

    The role that boards play in elevating focus from current “confusion and noise” was strongly reinforced by leading directors at a media roundtable hosted by the AICD last month.

    In the early weeks of President Trump’s administration, trade wars and tariffs, energy policy, climate, diversity and inclusion are just some of the topics dominating headlines. AICD MD and CEO Mark Rigotti discusses the challenges for boards in his column this month (see p10), including the focus on ESG and diversity.

    The AICD is providing regular insights on the external environment through free webinar briefings for members (access the AICD’s Forces and Megatrends Shaping the Australian and Global Economies in 2025 briefing HERE) and regular updates from AICD Chief Economist Mark Thirlwell (see p22).

    Regulatory simplification: An election priority

    The pace of presidential executive orders, DOGE (Department of Government Efficiency) actions and related court and Congressional challenges in the US creates considerable uncertainty. Boards will be testing many scenarios as they assess this environment. But away from the “shock and awe” of US politics, Australia has its own challenges on regulatory complexity to consider.

    At the corporate regulator’s annual forum last year, ASIC chair Joe Longo set a clear and measured call to action on Australian regulation. As he pointed out, the complexity of our current regulatory regime is staggering, with over 49,000 cross-referencing definitions appearing across Commonwealth Acts. Each new law adds new layers of complexity. This is costly for regulated entities, for regulators tasked with enforcement and for the community seeking redress and protection.

    The AICD has welcomed ASIC’s new Simplification Consultative Group to bring an informed, proactive focus to improving corporations and markets regulation.

    The key to a successful regulatory regime lies not in the quantity of regulations, but in their quality and execution. We know through our regular Director Sentiment Index survey that regulatory complexity is a substantial contributor to board risk appetite in Australia. We hear this in our detailed consultation with directors on governance policy and legislation. As we head into a federal election there is an opportunity for real focus on this issue.

    The Business Council of Australia has set markers on where political attention should be in its pre-election review of the “Big 5 Questions” for the federal election. Better policymaking, with regulations assessed through a productivity lens and removal of law duplication across departments and state/federal jurisdictions, are important suggestions. There is also need for a national stocktake and simplification agenda, driven by sensible policy principles, not populist headlines.

    Deregulation is an evergreen topic, of course. Successive political cycles have seen limited practical action, with detailed reviews often becoming footnotes in future reports. While the difficulty is acknowledged, there are many benefits from clearer, more concise and coordinated corporate laws — for all stakeholders. The AICD will engage constructively with the major parties and governance stakeholders on this important national priority, bringing director perspectives to the table.

    FY25 Regulatory Priorities 

    The AICD advocates for balanced, fit-for-purpose and modern regulations that support diligent directors to govern for growth. Our FY25 regulatory priorities are:

    Our FY25 reform priorities include:

    • Cyber regulation that supports effective board oversight

    • Balanced policy and liability settings that reflect disclosure complexity

    • Fit-for-purpose digital regulation that supports sound governance

    • Long-term, coordinated policy approaches that strengthen national governance, reduce regulatory complexity and promote economic growth. 

    Recent governance developments

    Meanwhile, Australian governance reviews and reforms continue in advance of the election. In February, the government responded to the statutory review of electronic AGMs and documents. This is a welcome development, with simpler processes for unlisted companies to hold virtual meetings. The AICD is working with the Governance Institute, Law Council of Australia and Australasian Investor Relations Association to update our joint guidance to support strong and effective virtual and hybrid AGM formats.

    Mandatory service standards have been proposed for large APRA-regulated superannuation funds to lift governance focus on member complaints and service, including in the payment of death benefits and insurance claims.

    Mandatory climate reporting laws may be amended to clarify that critical “modified liability” provisions apply to voluntary disclosures — a move strongly supported by the AICD.

    The ASX Corporate Governance Council is continuing its review of the ASX Corporate Governance Principles and Recommendations, following public consultation in late 2024.

    ASIC’s civil proceedings against several former Star Entertainment Group directors and executives for alleged breaches of statutory duty of care and diligence under s 180 of the Corporations Act 2001 commenced on 10 February in the Federal Court, with Justice Michael Lee presiding. This complex case tests aspects of directors’ duties (2022 AICD overview HERE).

    This article first appeared under the headline ‘Reviewing Regulation’ in the March 2025 issue of Company Director magazine.

    Practice resources — supporting good governance

    Examples of the AICD’s contemporary governance practice resources for members:

    Directors’ Guide to AI Governance

    Cyber Security Governance Principles

    • Updated for the new Cyber Security Security Act, developed bythe AICD and the Cyber Security Cooperative Research Centre.

    Directors' "Best Interests" Duty in Practice

    • AICD’s Practice Statement is essential reading on this core director duty, drawing on a landmark legal opinion from Bret Walker AO SC and Gerald Ng MAICD.

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