The day bookSix entries
The six entries
Each entry answers one question from the official source named in its folio column. They can be read in any order.
| No. | Particulars | Folio |
|---|---|---|
| 01 | What a low doc loan is Moneysmart’s definition, read line by line, and why the law sorts loans by purpose instead. | Moneysmart; the Act |
| 02 | Responsible lending when the income is your own business’s How ASIC says a lender reads irregular income, and the business purpose declaration. | ASIC RG 209; the Code |
| 03 | Documents a lender may ask for The papers ASIC lists for self-employed borrowers, and where each one comes from. | ASIC RG 209; ATO |
| 04 | The comparison rate When the law requires one, which loans it does not cover, and what it leaves out. | Moneysmart; the Code |
| 05 | A mortgage broker’s duty, and the papers that show it The best interests duty, the papers a broker must give, or give on request, and the lenders it can reach. | ASIC RG 273; the Act |
| 06 | If repayments become hard The hardship notice on a consumer loan, the Banking Code for a business loan, and free help for each. | The Code; Banking Code; helplines |
A note in the marginMoneysmart · the Act
A phrase the law does not use
“Low doc” is a description, not a category in the credit law. We searched the National Consumer Credit Protection Act 2009, its regulations, and ASIC’s guides on responsible lending and on mortgage brokers, and none of them uses the phrase.
What the law sorts by is purpose. ASIC’s guidance tells lenders that what decides it is what the loan is for, not who is borrowing or what the loan is secured against, and a loan wholly or predominantly for a business purpose falls outside the responsible lending obligations, even when the borrower is a person and the loan is secured over their home. Most of this ledger turns on that line.
The indexOfficial sources
Where to check
| Where | What it is for |
|---|---|
| Moneysmart | ASIC’s plain-language guidance on home loans, including choosing a loan, using a mortgage broker and problems paying a mortgage. |
| ASIC: responsible lending | The obligations lenders and brokers work to, and Regulatory Guide 209, which sets out ASIC’s views on them. |
| Moneysmart: using a mortgage broker | How to check a broker’s credit licence on ASIC’s Professional Registers Search, and the steps for a complaint. |
| Australian Financial Complaints Authority | Moneysmart calls AFCA “an independent dispute resolution scheme” for disputes with financial firms and services, and says such schemes hear complaints for free. |
| National Debt Helpline | Free financial counselling for personal debts. |
| Small Business Debt Helpline | A free service for small business owners in financial difficulty, run by financial counsellors. |