26/02/2026
Most people assume banks and mortgage brokers play by the same rules — but legally, they don’t.
In Australia, mortgage brokers are bound by Best Interest Duty under the National Consumer Credit Protection Act. That means, by law, a broker must act in the best interests of the client, not the lender, not their commission, not what’s easiest.
Practically, this requires brokers to:
- consider multiple lenders, not just one
- assess your personal financial situation, goals and risks
- recommend a loan that is demonstrably suitable for *you*
- keep written evidence showing why that recommendation was in your best interest
Banks, on the other hand, are only required to ensure a loan is “not unsuitable.” They are not legally obligated to compare other lenders or act in your best interest, because they are selling their own products.
Understanding this distinction can completely change how you choose who helps you with one of the biggest financial decisions you’ll ever make.