If you are considering refinancing with help from a mortgage broker, it is worth understanding how brokers are regulated in Australia. A broker can explain loan options, help prepare an application and liaise with lenders, but their role is also shaped by credit licensing rules, disclosure obligations, remuneration arrangements and the mortgage broker best interests duty.
This article provides general educational information for Australian homeowners. It explains what a broker can do during a refinance, what they should disclose, how commissions and fees may work, and what questions to ask before you proceed. It does not replace personal credit, legal or financial advice.
What a mortgage broker does during refinancing
A mortgage broker acts as an intermediary between you and lenders. In a refinance, they may help you review your current home loan, identify your goals, compare available loan products from their lender panel, prepare documents and support the application through to settlement.
Common refinance goals include seeking a different interest rate structure, changing loan features, consolidating eligible debts, accessing equity, adjusting repayments or moving to a lender whose criteria better match your circumstances. Whether any of these options is available or appropriate depends on your financial position, property, credit history, existing loan terms and lender policies.
It is also important to understand that a broker usually does not compare every loan in the Australian market. They generally compare products from the lenders they are accredited with or authorised to use. That lender panel can still be broad, but you should ask which lenders are included and whether any relevant lenders are not available through that broker.
You can learn more about the site’s broker-supported refinance pathway on the brokers page.
Mortgage broker regulation in Australia
Mortgage brokers who provide credit assistance for residential home loans in Australia generally operate under the national consumer credit framework. They must hold an Australian credit licence or be authorised as a credit representative of a licensee. This is why the phrase credit licence mortgage broker often appears when borrowers research broker obligations.
Licensing and authorisation requirements are designed to support responsible conduct in consumer credit. In practical terms, a broker should be able to explain who they are authorised by, what services they provide, how they are paid, how complaints can be raised and what information they need from you to assess refinance options.
Regulation does not mean every refinance application will be approved or that every broker will have access to the same products. Lenders still apply their own assessment criteria, and outcomes depend on your circumstances and the lender’s requirements.
The mortgage broker best interests duty
One of the most important protections for borrowers is the mortgage broker best interests duty. In general terms, when a mortgage broker provides credit assistance to a consumer, they must act in the consumer’s best interests. If there is a conflict between the broker’s interests and the consumer’s interests, the broker must generally prioritise the consumer’s interests.
For refinancing, this duty matters because a lower advertised rate is not the only factor that can affect your outcome. A broker should consider relevant factors such as:
- your refinance objective, such as reducing repayments, changing features or restructuring debt;
- the total cost of switching, including discharge, application, valuation, settlement or government charges where applicable;
- the interest rate type, comparison rate, fees and loan features;
- whether the new loan term could increase total interest paid over time;
- eligibility and serviceability based on lender criteria;
- risks of consolidating short-term debt into a long-term mortgage;
- whether staying with your current lender or negotiating could be a reasonable alternative.
The duty does not require a broker to guarantee the cheapest possible loan in the market. Rather, it requires the broker to act in your best interests based on your circumstances, the information available and the products they can reasonably consider.
Responsible lending, suitability and lender assessment
When assisting with a refinance, a broker will usually need information about your income, expenses, assets, liabilities, current loan, employment, dependants and credit commitments. They may ask for payslips, bank statements, tax documents, identification and existing loan statements.
This information helps the broker assess whether a proposed loan is likely to meet your needs and objectives and whether you may be able to meet the repayments. Lenders will also conduct their own assessment and may request additional information.
Being transparent with your broker is important. If expenses are understated, debts are omitted or future changes are not discussed, the refinance options considered may not accurately reflect your position. A broker can guide the process, but you remain responsible for checking that information provided to the lender is complete and accurate.
Mortgage broker commissions and other remuneration
Mortgage broker commissions are one of the main areas borrowers ask about. Many brokers are paid by the lender if a loan settles. This payment may include an upfront commission and, in some cases, an ongoing trail commission while the loan remains in place. The amount and structure can vary by lender and loan.
Some brokers may also charge a borrower-paid fee. This could be an advice, application, service or administration fee, depending on the broker’s business model and the work involved. If a broker charges you directly, they should explain the fee clearly before you commit.
Commission does not automatically mean a recommendation is inappropriate. However, it can create a potential conflict of interest, which is why disclosure and the best interests duty matter. You are entitled to ask how the broker is paid, whether different lenders pay different amounts, and whether remuneration has influenced the options presented.
Broker disclosure documents you may receive
Broker disclosure is not just a formality. The documents you receive can help you understand who you are dealing with, what the broker is recommending and what costs may apply.
| Disclosure item | What it may help you understand |
|---|---|
| Credit guide | The broker or licensee’s details, services, dispute resolution information and how they may be paid. |
| Credit quote or fee information | Any fees or charges payable by you for the broker’s services, if applicable. |
| Credit proposal or recommendation information | Details of the proposed loan, lender, key costs and commissions or benefits connected with the application. |
| Privacy consent and application forms | How your information may be collected, used and shared for the refinance application. |
The names and timing of documents can vary depending on the broker and process. Read them carefully and ask for clarification if something is unclear, especially around fees, commissions, loan features, break costs or the reasons a particular loan has been recommended.
How brokers compare refinance options
A useful broker comparison should go beyond the headline interest rate. It should consider the loan’s overall cost and suitability for your stated goals. For example, a loan with a lower rate may have fees, restrictions or features that make it less suitable for some borrowers. A loan with flexible features may cost more but suit a borrower who expects to make extra repayments or use an offset account.
When reviewing refinance options, ask the broker to explain:
- which lenders and products were considered;
- why the recommended option was shortlisted;
- what costs apply to leave your current loan;
- what costs apply to establish the new loan;
- how the new loan term affects total interest over time;
- what happens if your circumstances or interest rates change;
- what features you gain or lose by switching.
Before proceeding, it can be helpful to test repayment scenarios using a calculator. A calculator cannot confirm eligibility or predict lender approval, but it can help you compare repayment estimates and understand the effect of different loan amounts, rates and terms.
Questions to ask a broker before refinancing
Asking direct questions can help you understand the broker’s obligations, lender panel and remuneration before you apply. Consider asking:
- Are you licensed or authorised as a credit representative, and who is your licensee?
- Which lenders are on your panel, and which major lenders are not included?
- How many refinance options did you compare for my situation?
- Why is this loan being recommended over the alternatives?
- How are you paid if my refinance settles?
- Do you receive upfront commission, trail commission or any other benefits?
- Will I pay any broker fee directly?
- What fees will I pay to leave my current loan and set up the new one?
- Could refinancing extend my loan term or increase total interest paid?
- What are the risks if I consolidate other debts into the mortgage?
- How do I make a complaint if I am unhappy with the service?
A reputable broker should be willing to answer these questions in plain language. If the explanation is vague, rushed or overly focused on one product without discussing alternatives, it may be worth pausing and seeking further clarification.
When broker support may be useful
Broker support may be useful if you want help comparing lenders, understanding eligibility criteria, organising documents or assessing whether refinancing aligns with your goals. It may also help if your circumstances are more complex, such as being self-employed, having multiple debts, owning an investment property or seeking to access equity.
However, using a broker does not remove the need to make your own informed decision. You should still review the loan contract, understand the costs and consider whether the refinance supports your broader budget. If you are unsure about tax, legal or financial planning implications, consider seeking advice from a suitably qualified professional.
Complaints and dispute resolution
If you have a concern about a broker’s conduct, start by raising it with the broker or their licensee. Their credit guide or disclosure documents should explain the internal dispute resolution process and provide contact details.
If the issue cannot be resolved internally, the broker’s documents should also set out external dispute resolution information. Keeping copies of emails, disclosure documents, recommendations and loan paperwork can help if you need to explain what happened.
Making an informed refinance decision
Mortgage brokers can play a valuable role in refinancing, but the value comes from informed comparison, clear disclosure and conduct that aligns with your interests. Understanding mortgage broker regulation in Australia can help you assess the service you are receiving rather than relying only on advertised rates or broad claims.
Before you refinance, take time to understand your current loan, your reason for switching, the costs involved and the broker’s remuneration. Ask for the recommendation to be explained in writing and check that the refinance makes sense for your circumstances.





