Professional Documents
Culture Documents
Banking
Code of
Practice
Setting the standards of practice for banks,
their staff and their representatives
Anna Bligh
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2
Our role
in society
Australia’s banks play an important role in
contributing to the prosperity of the nation’s
economy, for the benefit of all Australians.
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What is the
Banking Code
of Practice?
The Banking Code of Practice (the Code) sets out the standards
of practice and service in the Australian banking industry for
individual and small business customers, and their guarantors .
This version of the Code takes effect from 1 July 2019.
The Code provides safeguards and Over time, many of the standards
protections not set out in the law. embedded in the Code have been
It complements the law and, in included in the law.
some areas, sets higher standards
than the law. By promoting best practice, the Code
has led to higher standards in the
The Code was first introduced in 1993. banking and financial services industry.
Since then, it has undergone multiple
improvements — responding to
emerging issues and the changing
needs of our customers — to ensure
it remains relevant.
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The Code is 1. Trust and confidence
• We are committed to earning and
underpinned
retaining the trust of our customers
and the community.
by our
and keeping them to deliver good
customer and community outcomes.
Statement
to banking services.
of Guiding
• We recognise our role in society and
our impact on the wider community.
Principles 2. Integrity
• We will act honestly and with integrity.
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Australian
Banking
Association
Banking Code
of Practice
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Table of contents
Chapter Page
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Chapter Page
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PART 1
How the
Code works
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CHAPTER 1
Who the Code applies to
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CHAPTER 2
What is a “small business”?
Publication and review of the Code
A business is a “small business” if at the
time it obtains the banking service all of the
How the Code is to be publicised and
following apply:
made available
a) it had an annual turnover of less than $10 4. We will promote the Code.
million in the previous financial year; and
5. We will ensure the Code is available and
b) it has fewer than 100 full-time equivalent accessible in different ways, including in
employees; and hard copy and electronically. If you want
c) it has less than $3 million total debt a hard copy you can ask us in a branch or
to all credit providers including: over the phone and we will give or send
you one for free.
i. any undrawn amounts under
existing loans; Three yearly reviews of the Code
6. The ABA will arrange for the Code to be
ii. any loan being applied for; and
independently reviewed at least every
iii. the debt of all its related entities three years from the date this Code
that are businesses. comes into effect.
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PART 2
Your banking
relationship
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CHAPTER 3 CHAPTER 5
Our compliance with the Code Protecting confidentiality
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PART 3
Opening
an account
and using
our banking
services
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CHAPTER 8 CHAPTER 10
Providing you with information Responding to your request
for information
We will give you clear information
15. We will give you clear information How we will respond to your request
about our products and services so for information
you can make an informed decision 22. We will answer your questions about
about which product or service is our banking services.
suitable for you.
23. If you ask us for advice on any of our
16. We may give you advice, or banking services, then we will:
recommend that you seek advice.
a) give it to you through staff who are
authorised and trained to give you
CHAPTER 9 that advice; or
20. All communication under this Code will a) the amount of fees and charges and
be consistent with our obligations under how often they are credited or
the law or other applicable codes. debited to your account;
21. Our terms and conditions will be b) any interest rate that applies, how
distinguishable from our marketing and when different interest rates may
material. apply, the method by which interest is
calculated, and when interest will be
debited to your account;
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c) how often we give you statements Term deposits
of account;
27. Our terms and conditions for a term
d) how we may change fees, charges, deposit account will contain the following
interest or other terms and conditions, specific information:
and how we will notify you of these
a) how we will pay interest and repay
changes;
the principal to you;
e) for a loan, whether the loan is
b) how funds may be dealt with at
repayable on demand; and
maturity; and
f) a statement that information on
c) details of any fee, charge, or change
current standard fees, charges
in an interest rate resulting from a
and any interest rates is available
withdrawal in advance of maturity.
on request.
Cheque accounts
Specific information
28. Our terms and conditions for an account
26. If the following information applies to
with cheque access will contain the
your banking service, we will give you
following specific information:
that information in, or with, our contract:
a) the normal length of time we take to
a) minimum balance requirement;
clear a cheque;
b) any restriction on depositing money,
b) how you may arrange for us to clear
or withdrawing money, from a relevant
a cheque faster than normal – known
account;
as arranging special clearance;
c) the repayment details; and
c) how and when a cheque may be
d) how we process your request to cancel stopped;
a direct debit arrangement.
d) the effect of crossing a cheque;
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Exchange rates and commissions CHAPTER 12
29. If we give you a foreign exchange service
(other than by credit card, debit card, or Acquiring a new product or
travellers’ cheque), then we will give you service
the following information:
We will ensure we have your agreement
a) details of the exchange rates and about fees
commission charges that we know
31. If we charge a fee for you to acquire a
will apply — if we do not know those
new product or service, then we will make
details, then we will give you the details
sure we have your agreement to do so.
we know about how to find
out relevant information at the time
of the transaction; and
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PART 4
Inclusive
and
accessible
banking
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CHAPTER 13 When providing banking services to
Indigenous customers
Being inclusive and accessible 35. If you tell us you are an Indigenous
customer, we will take reasonable steps
We believe in inclusive banking services
to make information about our banking
32. We are committed to providing banking services accessible to you. We will also:
services which are inclusive of all people
including: a) tell you about any accounts and
services that are relevant to you;
a) older customers;
b) tell you about any accounts or
b) people with a disability; and services that have no, or low
standard fees, if our enquiries
c) Indigenous Australians, including in indicate you may be eligible for these
remote locations. and help you transfer to another
33. We will train our staff to treat our account you want; and
diverse and vulnerable customers with c) help you meet any identification
sensitivity, respect and compassion. requirements.
We are committed to providing banking When providing banking services to
services which are accessible remote customers
34. We are committed to improving the 36. We will take reasonable steps to make
accessibility of our banking services information about our banking services
for people with a disability and older accessible to customers in remote
customers. We will take reasonable communities, including remote
measures to enhance their access Indigenous communities.
to those services.
37. We will provide cultural awareness
training to staff who regularly assist
customers in remote Indigenous
communities.
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CHAPTER 14 CHAPTER 15
Taking extra care with customers Banking services for people
who may be vulnerable with a low income
We will take extra care with vulnerable When providing transaction banking
customers services to low income earners
38. We are committed to taking extra care 42. If you are an individual and you tell us
with vulnerable customers including those that you are a low income earner, we will
who are experiencing: give you:
40. If you tell us about your personal or 44. If you apply for a new transaction
financial circumstance, we will work with account, we will ask you if you have any
you to identify a suitable way for you to of the following government cards. If you
access and undertake your banking. tell us that you have one of these cards,
then we will give you information about
41. When we are providing a banking service any banking services we offer that have
to vulnerable customers we will: low or no standard fees and charges (see
Chapter 16):
a) be respectful of your need for
confidentiality; a) a Commonwealth Seniors Health Card;
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CHAPTER 16
Basic accounts or low or
no fee accounts
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PART 5
When you
apply for
a loan
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CHAPTER 17 a) have taken reasonable steps to
ensure that you understand the risks
A responsible approach associated with entering into the
to lending loan, and understand the difference
between being a co-borrower and
Lending to individuals and a guarantor;
small businesses
b) have taken into account the reasons
49. If we are considering providing you why you want to be a co-borrower;
with a new loan, or an increase in a and
loan limit, we will exercise the care and
skill of a diligent and prudent banker. c) are satisfied that you are not
experiencing financial abuse.
50. If you are an individual customer,
that is not a business, we will do this 55. A substantial benefit includes where:
by complying with the law. a) you acquire a reasonably
51. If you are a small business, when proportionate legal or equitable
assessing whether you can repay the interest in assets purchased with
loan we will do so by considering the the loan funds; or
appropriate circumstances reasonably b) a reasonable portion of the loans
known to us about: funds are used to repay your debts,
a) your financial position; or or other obligations owed by you.
b) your account conduct. 56. You may end your liability under the
loan by giving us a written request to
Where reasonable to do so, we may rely do so in the following circumstances:
on the resources of third parties available
to you, provided that the third party has a) where credit has not been provided
a connection to you (that is, to the small or relied upon by any co- borrower; or
business). For example where the third b) for any future advances under the
party is a related entity of yours loan, where we can terminate any
(including but not limited to your directors, obligation we have to extend further
shareholders, trustees, beneficiaries or credit to any other co-borrower
related body corporates), or is a partner, under the same loan.
joint venturer, or guarantor of yours.
57. Paragraphs 53 to 56 do not apply to
52. We also owe an obligation to any borrowers who are trustees, companies,
guarantor of the loan to comply with directors of co-borrower companies or
the above paragraph in assessing the partners in a partnership or joint-venture
borrower‘s ability to repay the loan. arrangement.
Lending to co-borrowers We will tell you about our suitability
53. If you are an individual applying for assessment for a loan
a loan, or an increase to a loan limit, 58. If we approve your loan, and it is
paragraphs 54 to 56 apply to you. regulated under the National Consumer
54. If, on the information that you have Credit Protection Act 2009, we will let
provided to us in the course of applying you know that you can obtain our
for this loan, you will not receive a assessment about whether it is not
substantial benefit from the loan, unsuitable for you.
we will not approve you as a
co-borrower unless we:
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59. If you are a guarantor, we will let you Separation of application process for
know that you can also request a copy CCI for credit cards and loans sold in
free of charge. digital channels
We will assess your ability to repay a 64. We will refer to the availability of CCI only
credit card within a five year period after you have completed the digital
application for a credit card or loan.
60. When you apply for a new consumer credit
card or credit limit increase, we will assess 65. We will let you know that whether you
your ability to repay the amount of the purchase CCI or not has no bearing on
credit card limit within a five year period. whether we approve you for a credit
card or loan.
Setting a credit card limit when you apply
66. We will use clear disclosure for CCI
61. You can let us know what your preferred
on credit cards and loans to enable
credit card limit is and we will not give you
customers, as they navigate through the
a limit that is more than what you
digital experience, to better understand
requested. Transactions may be
this type of insurance. This will be through:
processed which nevertheless cause
you to exceed your limit. a) Use of filtering questions so that we
alert you to key policy exclusions such
as age, residency and employment
CHAPTER 18 status and if you are not eligible to
claim a significant part of the policy,
Our approach to selling consumer
not offering this product.
credit insurance (CCI)
b) Disclosing the limits of the policy as
Our approach to selling CCI for credit part of the process (the circumstances
cards and loans in which a payout will be made and
62. If we offer CCI, then we will give you clear the amount of the payout).
information that enables you to make an c) Disclosing any incentives you might
informed decision — including (to the receive from taking out the CCI
extent we can): product and their effect.
a) the cost of the CCI, including any d) Telling you the total cost of the
interest you will pay on the premium; insurance (if known) before you
b) how long you would be insured for; complete the CCI purchase.
c) the monetary limits on the key benefits e) Telling you how the premium is to
payable under the insurance; and be paid.
d) the date your insurance ends, if that f) Where the ongoing premium is
date is different to the date on which calculated as a percentage or a cost
the underlying credit product ends. per dollar of the outstanding debt or
statement balance, then we will tell
63. Before we enter the contract with you, we you that cost and how we calculate it.
will ensure we have your express consent
to acquire the product.
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Deferred sales period for CCI for
credit cards and personal loans sold
in branches or over the phone
67. If we offer CCI for credit cards and
personal loans through a branch or
over the phone, then we will not offer
that product to you until at least four
days after you have applied for the
credit product. This is known as a
‘deferred sales period’.
CHAPTER 19
Lenders mortgage insurance
27
PART 6
Lending
to small
business
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CHAPTER 20 77. We may give you a shorter notice
period, or no notice period, if:
Helping a small business
a) based on our reasonable opinion, it is
when it applies for a loan necessary for us to act to manage an
immediate risk;
What we tell a small business when they
apply for a loan b) you are insolvent, or go into
72. We will tell a small business how to apply bankruptcy, administration or another
for a loan, including the following: insolvency process, or enforcement
action is taken against you by us or
a) the information we require; and another credit provider;
When will we not enforce a loan This chapter applies to standard form
against a small business? small business loans. In this chapter,
‘guarantor’ means any guarantor of a
How much notice we give a small small business, not limited to a guarantor
business before enforcing a loan? who is an individual.
75. If you are a small business and in default Loan terms and conditions
under your loan, we will give you 30
days’ notice before we either require 79. Our loan terms and conditions will
you to repay the loan in full, or take specify how and when we will not
enforcement proceedings. enforce a loan against a small business
for non-monetary defaults.
76. If you remedy the default during the
30 day period, and no default of the
same type has arisen during that period,
we will not require full repayment or
take enforcement proceedings.
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When we will not enforce a loan against j) you or a guarantor do not maintain
a small business for non-monetary defaults insurance required by your agreement
with us;
80. If you are a small business and you have
met all your loan payment terms, we will k) legal or beneficial ownership, or
not take default based action against management control of a borrower or
you unless: guarantor or their business changes
without our consent; or
a) you or a guarantor is insolvent,
goes into bankruptcy, voluntary l) status, capacity or composition of
administration, other insolvency you or a guarantor changes without
process or arrangement, or no our consent.
longer has legal capacity;
What we will do before we take default
b) enforcement proceedings is taken based action
against you or a guarantor or your
or their assets by another creditor; Remedying your non-monetary default
81. We will allow a reasonable time for you to
c) early repayment is required under a
remedy your non-monetary default, where
separate financing arrangement you
it is able to be remedied and notify you of
or a guarantor has with us, or default
this time period.
based action is taken against you or
a guarantor by us, due to an event 82. Paragraph 81 may not apply where, based
of default which is described in on our reasonable opinion, it is necessary
this chapter; for us to act to manage an immediate risk.
d) we believe on reasonable grounds Material impact
that you, your agent or a guarantor
has not complied with the law or any 83. We will only act on a specific event
requirement of a statutory authority, of non-monetary default identified in
or it becomes unlawful for you or us paragraph 80, if the event by its nature
to continue with the loan; is material, or we reasonably consider
the event has had, or is likely to have,
e) you or a guarantor gives us information a material impact on:
or makes a representation or warranty
to us which is materially incorrect or a) you or your guarantor’s ability to meet
misleading (including by omission); your or their financial obligations to us;
f) you use the loan for a purpose not b) our credit or security risk (or our ability
approved by us; to assess these); or
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financial indicator covenants or special 89. Our communication will be clear and we
covenants tailored to the particular will explain the purpose of the valuation
nature of these loans as a trigger for to the customer.
default based action:
90. We will provide copies of property
a) loans for property development; or: valuations and valuer instructions
(except when enforcement action
b) loans for a specialised lending has already commenced).
transaction, where because of their
nature, require additional covenants 91. We will only appoint appropriately
as a way of banks managing their risks, qualified and experienced valuers
including margin lending, loans to who are members of professional
self-managed superannuation funds, organisations which abide by a similar
bailment, invoice discounting, code of practice.
construction finance, foreign currency
loans and tailored cash flow lending. Appointing investigating accountants
and insolvency practitioners (including
voluntary administrators)
CHAPTER 23 92. We will act fairly when using investigative
When we decide not to extend accountants and insolvency practitioners,
and will ethically manage potential
a loan
conflicts of interest when appointing
How much notice will we give a small receivers who have been investigating
accountants for
business before the end of a loan
a small business, for example:
86. If you are a small business and you are
not in default, and the principal owing on a) We will only appoint qualified
your loan is not due to be fully repaid at practitioners who are who are
the end of its scheduled term by regular members of professional organisations
periodic repayments, we will give you with appropriate codes of conduct.
notice of our decision not to extend your
b) We will require additional internal
loan, at least 3 months before you need
oversight of the appointment of
to repay your loan in full.
investigating accountants as receivers,
87. If we decide to extend or refinance your to ensure that the decision is necessary
loan, we are not required to do so on the and to review the circumstances
same terms. leading to the appointment.
When using external property valuers 93. If you are an individual who gives
we will be fair and transparent a guarantee and/or indemnity to
secure a loan that we give to another
88. Our processes in relation to external expert individual or small business, and this Code
valuations will be fair and transparent. applies to the loan, then this part of the
Code applies to your guarantee and/or
indemnity.
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PART 7
Guaranteeing
a loan
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CHAPTER 25 CHAPTER 26
Limiting liability under What we will tell and give you
the guarantee
Before accepting a guarantee
Before accepting a guarantee
Notice to you
94. Your guarantee will be limited to:
96. The terms and conditions of the
a) a specific amount and/or category guarantee will contain a prominent
of amounts such as all amounts owing notice that:
under a specific loan, plus other
a) you should seek independent legal
liabilities and amounts as described
and financial advice;
in the guarantee (for example,
interest and recovery costs); or b) you can refuse to sign the guarantee;
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Required warning notice What we will tell you if you are a
98. We will ensure that a warning notice director guarantor
appears directly above the place where 100. If you are a director guarantor (other than
you sign the guarantee. The warning a sole director guarantor) we will tell you
notice will be substantially in the form that you have the right to receive the
required by section 55 of the National documents in paragraphs 96 to 99, and
Credit Code, and detailed in Form 8 of that these documents contain important
the National Consumer Credit Protection information that may affect your decision
Regulations 2010 and consistent with to give a guarantee. You may choose not
this Code. to receive some or all of the documents,
and we will not influence your choice.
Guarantee documents
99. We will give you a copy of the following During the guarantee
documents in relation to the borrower: 101. We will give you the following information,
about a borrower’s deteriorating financial
a) the proposed loan contract;
position as it relates to the loan you
b) a list of any related security contracts; guarantee, within 14 days’ of the
relevant event:
c) any related credit report from a credit
reporting body; a) a copy of any formal demand or
default notice we send to the borrower
d) any current credit-related insurance after we send it;
contract that is in our possession;
b) a written notice if the borrower has
e) any financial accounts or statement advised us that they are experiencing
of financial position the borrower has financial difficulty which has resulted
given us in the previous two years for in a change to their loan; and
the purposes of the guaranteed loan;
c) a written notice if the borrower is
f) the latest statement of account in continuing default for more than
relating to the loan for a period in two months after the issuance of the
which a notice of demand was default notice referred to above.
made by us; and
102 If you ask us to, we will give you additional
g) other information we have about the copies of any information we have given
guaranteed loan that you reasonably you – we will do so within 30 days.
request — but we do not have to give
you our internal opinions. 103. However, we do not need give you
those copies if we have given you
This paragraph does not apply if you are the information you requested within
a commercial asset financing guarantor, three months before your request.
sole director guarantor or trustee guarantor.
Paragraphs 102 and 103, do not apply
if you are a commercial asset financing
guarantor, sole director guarantor or
trustee guarantor.
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Extending your guarantee Signing your guarantee
104. If a borrower obtains a new loan or has 109. We will give the guarantee documents
changes made to an existing loan, then directly to you or your representative.
these may be covered by your guarantee We will not give the guarantee documents
to the extent they fall within the limit to the borrower, or to someone acting on
contained in your guarantee. behalf of the borrower, to arrange for you
to sign the guarantee.
105. If we agree to increase the limit in your
guarantee, we will: 110. If we attend the signing of the guarantee,
we will ensure that you sign the Guarantee
a) give you what is required under in the absence of the borrower. This does
paragraph 99; and not apply if you are a commercial asset
b) obtain your written acceptance of financing guarantor, sole director
the extension of the guarantee. guarantor or trustee guarantor.
106. In these circumstances, we will Paragraphs 109 and 110, do not apply if
provide you with any unsatisfied notice you are a commercial asset financing
of demand made by us on the borrower guarantor, sole director guarantor or
in respect of the loan. trustee guarantor.
CHAPTER 27 CHAPTER 28
Signing your guarantee Withdrawing or ending
your guarantee
When we can accept your guarantee
107. We will not accept a guarantee from you Withdrawing your guarantee
until the third day after you have been 111. You may, by written notice to us,
given the information provided at withdraw from the guarantees:
paragraph 96 to 99.
a) at any time before we provide
108. However, we can accept the guarantee credit under the relevant loan; or
earlier if you:
b) after credit is first provided, if the
a) have obtained independent legal signed version of the relevant loan
advice about the guarantee; differs in a material respect from the
proposed loan we gave you before
b) have accepted an extension of the
you signed the Guarantee. This does
guarantee;
not apply to any change to the loan
c) are a commercial asset financing described in paragraph 104.
guarantor, sole director guarantor,
However, you may do so only to
trustee guarantor or vehicle asset
the extent of the obligations under
financing guarantor; or
the guarantee.
d) you are a director guarantor and
you choose to sign and deliver the
guarantee earlier. We will not influence
your choice.
35
Ending your guarantee b) if one (or more) of the following
has occurred:
112. You may end your liability under a
guarantee you have given to us by: i. we have obtained Court judgment
in our favour against the borrower for
a) paying us the lower of:
payment of the guaranteed liability;
i. the borrower’s outstanding liability, and the judgment debt remains
including any future or contingent unpaid for at least 30 days after our
liability; or written demand for its payment;
ii. the amount to which your guarantee ii. we have made reasonable attempts
of the borrower’s liability is limited to locate the borrower but without
under the guarantee; or success; or
b) making other arrangements we agree iii. the borrower is insolvent.
to in return for releasing you from your 115. However, the restrictions under paragraphs
guarantee. 113 and 114 do:
36
37
PART 8
Managing
your account
38
CHAPTER 30 What if the National Credit Code’s
statement rules do not apply to your
Keeping your accounts safe loan or credit account?
and secure 121. If you are a small business or an individual
and the rules in the National Credit Code
We will tell you about safeguarding
about statements of account do not
important items apply to your loan or credit account,
116. We will tell you to safeguard your then we will give you a statement of
payment documents, cards and devices. transactions on your account as though
those rules did apply.
We will tell you when you should tell us
if any of those items are lost or misused 122. However, we do not have to do that if
the nature of the relevant banking service
117. Our terms and conditions set out means it is impractical for us to do so.
when you should tell us if any payment
documents, cards or devices are lost
or misused. CHAPTER 32
118. We will tell you about: Cost of transaction service fees
a) how you can notify us of the loss,
We will tell you the cost of transaction
theft or misuse; and
service fees
b) the consequences of you not telling
123. If you are an individual, we will tell
us about the loss, theft or misuse.
you about a transaction service fee
immediately before you incur the fee, if it
CHAPTER 31 is practical and reasonable for us to do so.
39
CHAPTER 33 Credit card limit increases
129. We will not offer to increase your consumer
Managing a credit card credit limit on your existing credit card other
than in response to a request by you for the
We will pay off your higher interest increase in your credit limit.
credit card debts first
125. Any payment you make to your consumer
credit card will be applied first to the You can ask us to dispute a transaction
amounts that have the highest interest on your credit or debit card account
rate as at the last statement date.
However, if you ask us to, we may agree 130. If, within the time limit set by your
to apply a repayment against a specific credit card or debit card scheme rules,
debt owed. you tell us that you dispute a transaction
on your card, then we:
Charging interest retrospectively on
a) will claim the relevant amount back if
portion of credit card balance that is
we find it be incorrectly charged and
paid off by the due
you have not contributed to the loss; or
126. If you have an interest-free period on a
consumer credit card balance, or part b) may accept the merchant’s refusal
of a balance, for a period of time, we will to make that chargeback only if the
not retrospectively charge you interest for refusal is made in a way allowed under
that period because you didn’t pay off the relevant card’s scheme rules.
that balance, or part of that balance,
131. You have the rights under the above
by the due date.
paragraph even if the payment was
We will give you notice before an debited from your credit card or debit
card account and was part of a recurring
introductory balance transfer offer ends
payment arrangement you have with that
127. If you have an introductory balance merchant.
transfer offer on your consumer credit card,
we will give you at least 30 days’ notice 132. You may also have a right to dispute
before it is due to end. an unauthorised transaction under the
ePayments Code or as contained in your
You may ask us to reduce your credit terms and conditions.
card limit
133. We will make general information about
128. If you ask us to reduce your existing disputed transactions available to you
consumer credit card limit, we will enable and notify you of the availability of this
you to do this online or by contacting us. information at least once every 12 months.
This will be subject to any product
features that apply (for example, where
the product requires a minimum limit).
You will still be required to first repay
any amount above the new limit.
40
CHAPTER 34 CHAPTER 35
Direct debits and Joint Accounts
recurring payments
How to use a joint account
We will give you a list of your direct debits 138. If you have a joint account, we will tell
and recurring payments you how you can use that account.
134. If you ask us to, we will give you a list of
How you can stop withdrawals
direct debits and recurring payments
on your accounts for up to the previous 139. If you have a joint account, from which
13 months. The list will include only those either you or another account holder can
direct debits and recurring payments make withdrawals, you can ask us to
that are known to us from the information change the account authority so that you
we receive about your transactions. all have to approve any future withdrawals.
This may be relevant to you if you are
The regular payments from your: vulnerable (see chapter 14).
a) deposit account are called ‘direct 140. The above paragraph does not apply to
debits’. This is where you have given directors of a company who are signatories
your deposit account details (BSB and on behalf of the company, rather than joint
account number) to allow a merchant account holders in their personal capacity.
or service provider to debit your account
regularly to pay for the services they
provide you. CHAPTER 36
b) credit card account are called Closing any of your
‘recurring payments’. This is where you
banking services
have given your credit or debit card
details (card number, expiry date and We will give you information
security code) to allow a merchant or
about closing your accounts
service provider to charge your credit
card regularly to pay for the services 141. We will give you readily accessible
they provide you. information about how to close
your account.
What we will do when you ask to cancel
a direct debit or advise us of a problem You may close your accounts
with a direct debit 142. If you want to close your account, then we
135. You can ask us to cancel your direct debit will enable you to do this quickly and easily.
request and we will promptly process this. Some products may have a minimum
notice period.
136. You can ask us to investigate an
unauthorised direct debit and we will We may close an account that is in credit
act promptly to assist you. 143. We may close an account of yours under its
terms and conditions if that account is in
137. When we handle your cancellation or
credit. If we do so, we:
complaint, we will not inform you that
you should first raise the cancellation or a) will, if appropriate, give you reasonable
complaint directly with the merchant you notice of the closure;
pay through the direct debit. However,
we may suggest that you also contact b) will pay you the amount of the credit
that merchant. balance; and
41
c) may charge you an amount that is 147. However, we do not have to give you a
our reasonable estimate of the costs copy of either of the following documents
of closing your account. under the above paragraph:
We will tell you if we cancel your a) a notice requiring you to take action if
credit card you ask for the copy more than two
years after the contract to which the
144. If we cancel your credit card we will tell
notice relates was discharged or
you. If appropriate, then we will give you
ended; or
the general reasons for doing so.
b) a statement of account within three
You can ask us to cancel your consumer months after we gave you a copy of
credit card the same statement of account.
145. If you want to cancel your consumer
When we will give you the documents
credit card, then we will provide the
ability for you to do this online or over the you ask for
phone. If you ask us to, we will give you 148. If we are giving you a copy of a document
information about recurring payments under the above paragraph, then we will
and your outstanding balance. do so within 30 days.
42
CHAPTER 38 155. We may give you a shorter notice period,
or no notice, of an unfavourable change if:
When we change our
a) we believe doing so is necessary for
arrangements with you us to avoid, or to reduce, a material
increase in our credit risk or our loss; or
When we can change the terms of
conditions of our banking services b) there is a change to, or introduction
151. The terms and conditions of a banking of a government charge that you
service may allow us to change those pay directly, or indirectly, as part of
terms and conditions in certain situations your banking service. In that case, we
without your agreement. will tell you about the introduction or
change reasonably promptly after the
When we tell you about a change to the government notifies us (however, we
terms of conditions of our banking services do not have to tell you about if the
government publicises the introduction
152. If we change our terms and conditions,
or change).
we will tell you about the change as soon
as reasonably possible. This includes a How we will tell you about changes
change to: to our arrangements with you?
a) our standard fees and charges; or 156. We will tell you about these
changes either:
b) an interest rate.
a) by advertising in the national,
153. If we change an interest rate, we will tell or local, media; or
you no later than the date of the change,
unless we are not able to because the b) by giving you written notice.
interest rate is calculated according to a
money market or some other external
reference rate, or a rate otherwise
designated as a variable or floating rate.
43
PART 9
When things
go wrong
44
CHAPTER 39 Be open about your situation of
financial difficulty
Contact us if you are 161. When you contact us, or are thinking
experiencing financial difficulty about contacting us, it is important for
you to be open, and as realistic as you
What does “financial difficulty” mean? can be, about your financial position. In
157. Financial difficulty means you are turn, we will be compassionate in trying
unable to repay what you owe and to understand your situation and when
are experiencing difficulty meeting discussing any way we can help.
your repayment obligations. This can be
as a result of an unexpected event or You can choose to have us deal with
unforeseen changes outside your control. your financial counsellor or representative
162. If we are working with you to help you
We encourage you to contact us if you
respond to financial difficulties, then you
are experiencing financial difficulty can tell us to deal with your financial
158. If you are experiencing financial difficulty, counsellor or representative — rather
then you, or your representative should than dealing with you. To do this, you
contact us as soon as possible. We will will need to give us their contact details
discuss your situation and the options in writing.
available to help you. The sooner you
163. However, if we have made reasonable
contact us, the sooner we can try to help.
attempts to contact, or deal with, your
If you have a joint account and are counsellor or representative but we are
experiencing financial difficulty unsuccessful, then we will deal with
you again.
159. If you have a joint account with someone
and you are experiencing financial We will respond promptly to you or
difficulty, then we can assist you. If you your representative
ask us to, we can do so without involving
164. We will respond promptly to you — or
the other person initially.
your representative’s — request to discuss
If you guarantee a debt to us and your financial difficulties. Our reply will be
are experiencing financial difficulty within the timeframes set by the National
Credit Code, if it applies.
160. If you are a guarantor and we have
made a demand for you to pay under
a guarantee and you are experiencing
financial difficulty, then contact us as
soon as possible and we will discuss
your options.
45
CHAPTER 40 What we will consider when deciding
on assistance options
We may contact you if you are 169. When we are deciding whether, and how,
experiencing financial difficulty to help you with financial difficulty, we will
take into account the information available
We may contact you if we think you to us, including information you give us
are experiencing difficulty about your financial situation.
165. We will employ a range of practices that
Examples of how we may help you if
can identify common indicators of financial
difficulty. If we identify that you may be you are experiencing financial difficulty
experiencing difficulty paying what you 170. The table on page 47 sets out examples of
owe under a loan (or are experiencing steps we may be able to take to help you
financial difficulty), then we may contact in particular situations.
you to discuss your situation and the options
available to help you. We will do this on a When we may waive your debt
case-by-case basis. 171. In exceptional circumstances, we may
look outside normal processes to find a
166. If we are able to contact you and discuss
way to assist you if you are experiencing
your situation under paragraph 165 and
long term hardship as a result of a
we offer basic bank accounts, and you are
material change in circumstances.
eligible, we will offer this product to you.
172. If you are an individual, we may, at our
discretion, reduce or waive your debt if
CHAPTER 41 it is an unsecured personal loan or credit
We will try to help you if you are card, on a case by case basis and on
compassionate grounds, having regard
experiencing financial difficulty
to the following:
We will work with you to help you respond a) your individual circumstances;
to financial difficulty
b) if you are unable to meet your
167. With your co-operation, we will work with repayments now and in the future;
you to help you find a sustainable solution
to your financial difficulties. Any help we c) whether the hardship is genuine and
can give will depend on your individual being caused by factors outside your
circumstances. We provide help to control; and
customers on a case-by-case basis.
d) our commercial considerations.
We will give you information about
We will tell you about the relevant
our financial difficulty processes
National Credit Code provisions if they
168. We will make information publicly apply
available about our processes for working
with customers in financial difficulty. 173. We will tell you about the hardship
provisions of the National Credit Code
if they apply to you.
46
How we may be able to help
Our financial hardship arrangements focus on situations from which you can recover your
financial position.
These arrangements may require you to pay more interest over the loan term.
In these circumstances, contact us and we will help you work out what you need to do.
A permanent change to your financial situation may mean it is now unlikely that your
financial position can be recovered — even if your existing loan were to be changed.
In that case, it may not be appropriate, for us to offer you changes to any payment
arrangements under the National Credit Code’s financial hardship process.
In these circumstances, contact us and we will help you work out what you need to do.
47
174. We will tell you about your right to make c) whether you accepting the proposed
a complaint to our external dispute new arrangement will have any adverse
resolution provider if we do not assist consequences in relation to banking
you under the National Credit Code. services or your credit history (for
example, an entry in your credit report or
We will not require you to access cancellation of a banking service).
your superannuation
This does not apply to minor individual
175. We will not require you to access your
instances of help we provide — for example:
superannuation to pay any amount
deferrals, refunds or fee waivers.
you owe us under a loan (unless you
are borrowing for a self-managed
superannuation fund). However, you may CHAPTER 42
wish to discuss this option with a financial
counsellor. You can also find out more When you are in default
about this from the Department of Human
Services, see humanservices.gov.au We will tell you if we report your default
activity to a credit reporting body
Other people who can assist you
179. We will tell you if we report any payment
176. If you ask us to, we will refer you to default of yours under your loan to a credit
financial counselling organisations that reporting body. You can also independently
may be able to help you. We may also obtain a copy of your report directly from a
recommend on our own initiative that credit reporting body.
you seek independent advice from a
financial counsellor.
48
What we will tell you if we sell your CHAPTER 44
debt to another party and we will not
be your contact Combining your accounts
183. If we sell your debt to another party, and
We will inform you if we combine or set-off
you will be obliged to pay the debt to that
your accounts
other party, and we will no longer be your
contact, we will write to you to let you know 186. If we combine or set-off your accounts,
and to explain: including using available funds in one of
your accounts to repay a debt you owe
a) that we have sold your debt; and us, then we will promptly inform you we
b) who we have sold it to. have done so.
We will not sell debt when we are When we cannot combine your accounts
considering your financial situation 187. If you have an account that relates to any
amounts you owe us under a loan that is
184. While either of the following is the case,
regulated by the National Credit Code,
we will not sell your debt to anyone else if:
then we may not combine that account
a) we are actively considering your in any of the following circumstances:
financial situation:
a) while we are actively considering your
i. under paragraph 167; or financial situation under either:
ii. under the hardship variation i. paragraph 167 of this Code; or
provisions of the National Credit
ii. under the hardship provisions of the
Code; or
National Credit Code; or
b) you are complying with an arrangement
b) while you are complying with an
that you and we agreed to after we
arrangement you have made with us
completed any considerations of the
after we have considered your financial
type referred to in this paragraph.
situation; or
185. However, we may transfer your debt in
c) if doing so breaches Code of
either of those circumstances if the transfer:
Operation: Recovery of Debts from
a) is part of a funding arrangement — Department of Human Services
for example, a securitisation or the Income Support Payments or
issue of covered bonds or similar Department of Veterans’ Affairs
funding arrangements; or Payments.
49
CHAPTER 45
Helping with deceased estates
Deceased’s representatives
189. We will provide clear and accessible
information on what you, the deceased’s
representative, can do to manage a
customer’s account in the event of their
death. This information will include:
Joint accounts
192. If you are a joint account holder with a
deceased customer, you may continue to
operate the account subject to the terms
and conditions of the account.
50
51
PART 10
Resolving
your complaint
52
CHAPTER 46 198. Before we enter into a farm debt
mediation with you, we will inform
Our Customer Advocate you that you may have a right, as an
alternative to farm debt mediation,
We will have a Customer Advocate in to make a complaint to our external
our bank dispute resolution provider.
We will publicise our dispute resolution 203. When we have completed our
processes investigation, we will provide you a
written response, which will include:
197. We will publish, and make readily available,
information about our internal dispute a) the outcome of our investigation of
resolution processes and our external your complaint;
dispute resolution provider through:
b) your right to take your complaint
a) our branches; to our external dispute resolution
provider; and
b) our telephone banking services; and
c) the name and contact details of our
c) our websites or other digital platforms. external dispute resolution provider.
Farm debt mediation Timeframes for handling your complaint
53
204. If we resolve your complaint to your Members of BCCC
satisfaction within five business days, we
208. The independent BCCC, established under
do not need to provide you with a written
this Code, is comprised of the following
response as outlined in paragraph 203,
members:
unless you ask us. This does not apply
to a complaint relating to hardship, a) an independent chairperson -
a declined insurance claim or the appointed jointly by the Australian
value of an insurance claim. Financial Complaints Authority (AFCA)
and the ABA; and
205. If we are unable to resolve your complaint
within 21 days, we will tell you that we need a) a consumer representative – appointed
more time to investigate the complaint. by consumer representatives on the
Board of AFCA; and
206. If we are unable to resolve your complaint
within 45 days, we will: a) a banking representative – appointed
by the ABA.
a) tell you the reasons for the delay;
The BCCC acting unanimously will
b) tell you the date by which you can
appoint, on terms it thinks appropriate,
reasonably expect to hear the
a person or a panel of persons, with
outcome of our investigation; and
expertise in small business and/or
c) give you monthly updates on the agribusiness to act as a consultant on
progress; and small business and agribusiness issues. The
consultant will provide advice on small
d) provide you with the name and contact business/agribusiness matters where
details of our external dispute resolution requested by the BCCC.
providers.
You can contact the BCCC about
However, we do not have to keep you a breach of this Code
informed in this way if you have not
responded to requests for additional 209. If you want to report an alleged breach of
information from us. this Code you can contact the BCCC.
54
d) request information from subscribing BCCC Powers and Sanctions
banks and other stakeholders;
214. The BCCC has the power to apply
e) make findings and recommendations sanctions to a Code subscriber for a
on Code breaches; breach of this Code where a finding has
been made that:
f) apply sanctions;
a) the breach is serious or systemic;
g) provide guidance and reports; and
b) the bank has failed to act on BCCC’s
h) undertake other functions and request to remedy a breach, or failed
responsibilities as reasonably to do so within a reasonable time;
determined from time to time.
c) there has been a breach of an
In addition, the BCCC will endeavour to: undertaking given to the BCCC; or
a) drive improvements in compliance with d) the bank has not taken adequate
the Code, to achieve best practice steps to prevent a serious or systemic
through a collaborative approach with breach from reoccurring.
the banking sector
and other key stakeholders; and 215. The BCCC may impose one or more
sanctions after considering the seriousness
b) promote awareness of the Code of the breach. Sanctions available to the
and the role of the BCCC through BCCC are:
engagement with key stakeholders.
a) requiring the bank to rectify or take
When the BCCC is undertaking its corrective action on the breach
investigation function it will prioritise identified;
its efforts on monitoring and public
assurance. Prioritising investigative effort b) requiring a bank to undertake a
will have regard to factors such as: number compliance review of our remediation
of customers affected, severity of breach actions;
and public interest.
c) formally warning a bank;
BCCC resources d) requiring a bank to undertake a staff
212. The ABA will ensure that the BCCC has training program on the Code;
sufficient resources and funding to carry
e) naming a bank in the BCCC annual
out its functions. More information on the
report or website; and
BCCC is available in its charter on the
BCCC website. f) reporting serious or systemic ongoing
instances where a bank has been
We will comply with the BCCC
non-compliant to ASIC.
213. We will co-operate and comply with all
reasonable requests of the BCCC in the
performance of its monitoring and
investigative activities.
55
Acronyms
56
Definitions
‘the Code’ The 2018 Banking Code of Practice as published by the ABA at
the commencement date.
Australia Includes the coastal sea of each jurisdiction but does not
include an external territory.
Card scheme Mastercard, Visa, American Express, Union Pay or Diners Club.
Commencement date The date that we first subscribe to the Banking Code of
Practice.
57
Complaint An expression of dissatisfaction made to us in relation
to a banking service, or the complaints handling process
itself, where a response or resolution is explicitly or
implicitly expected.
Consumer credit Insurance that provides cover if you can’t meet the
insurance repayments on your loan because you lose your job,
you are sick or injured, or you die.
Default You are ‘in default’ if you fail to meet any of the terms and
conditions of the contract.
58
Loan The credit or financial accommodation provided to you under
the banking service, including, but not limited to, credit facility,
credit contract, loan facility, home loan, personal loans, bill
facilities, overdrafts, commercial asset finance.
National Credit Code Means the National Credit Code set out in Schedule 1 of the
National Consumer Credit Protection Act 2009.
Sole director guarantor A guarantor of a loan who is a director of a company that has
only one director, and that company is to be the debtor for
the loan.
Trustee guarantor A guarantor of a loan where the guarantor and the debtor are
the same person, and that person is acting as trustee of a trust
in one of these roles and is acting in their personal capacity in
the other role.
Vehicle asset finance A guarantor who has provided a guarantee for the vehicle
guarantor asset finance of an individual that is not a business.
59
Transitional period
For the purpose of this section the transition date means:
• 1 July 2019; or
• for member banks adopting the Code prior to 1 July 2019, the day on which the
ABA has published on its website the member bank’s subscription to this Code.
2013 Code
The 2013 Code will not apply to any
banking service or Guarantee to the
extent that this Code applies.
60