Anti-hawking: Update to RG 38
18 August 2021
In the ABA’s view, the guidance detailed throughout RG38 provides clarity over the forms of communication subject to the prohibition, the nature and scope of a consumer’s consent. However, the guide does not adequately consider the types of interactions between customers and frontline staff. These interactions vary greatly and, in many cases, involve a frontline staff member needing to gain an understanding of a customer’s needs to educate them on the scope of products.
Download PDF2021 Credit Reporting Code consultation
11 August 2021
The ABA provides the following recommendations and observations: 1. Promises to pay vs. financial hardship arrangements: We are concerned that ARCA’s proposal to define financial hardship arrangements (FHAs) is overly prescriptive and conflicts with elements of the National Consumer Credit Protection Act 2009 (NCCP). 2. Backdating the start of a financial hardship arrangement: The ABA does not support the approach allowing backdating of a financial hardship arrangement. 3. Payment test & catch-up periods: The ABA is supportive of the proposal for a payment test period or catch-up period to be treated as a financial hardship arrangement where the arrangement immediately follows, and is in response to, an earlier financial hardship arrangement. 4. Treatment of joint accounts where abuse is present: We are supportive of the interim proposal that ARCA has proposed to take extra care of customers experiencing family and domestic violence (FDV).
Download PDFDeferred Sales Model Exemptions
9 August 2021
The ABA supports the Government’s proposed regulations to exempt insurance products from the deferred sales model that provide high value and are well understood by consumers. This provides a more targeted approach to add-on insurance products subject to the deferred sales model and will address consumer harms and poor value identified by the Royal Commission without affecting the availability and accessibility of high value insurance products. However, the ABA considers there is further room to refine the proposed regulations in relation to business insurance.
Download PDFLoans impacted by COVID-19: APRA regulatory support
6 August 2021
The ABA considers that the part and full repayment moratoriums, offered as part of the ABA 2021 national support package, aligns with the regulatory approach provided for in draft Attachment E to assist banks in supporting customers through this period.
Download PDFBanking Code Review (2021)
6 August 2021
The ABA is planning to strengthen the small business section in this version of the Code by expanding the definition and increasing the number of small businesses able to access covenant light contracts from their bank
Download PDFABA InfoSec Standards – Position Paper
23 July 2021
Incorporating responses to Data Standards Body consultation: Decision Proposals 182. CDR Information Security Recommendations Ensuring that the appropriate technical standards for information security are put in place to enable the CDR is vital. These technical standards need to accommodate both an extension in scope for open banking, as well as setting the template for expansion of the CDR to other sectors of the economy. This paper makes the following recommendations: 1. Adopt FAPI 2.0 for future best practice 2. Ensure and Preserve Interoperability
Download PDFCDR Proposal for Purpose-based Consent
23 July 2021
The proposed solution put forward in DP-183 refers to a principle of ‘Purpose-based consent’. Purpose-Based Consents are a way to encode all of the required dimensions and granularity for a specific use case. Unfortunately, this specificity leads to a consequent loss in flexibility. DP-183 highlights read-only use cases which are not currently covered; however, the same principles and requirements are even stronger to enable read-write access.
Download PDFShared responsibility in drought support
21 July 2021
Banks in Australia have a strong history of helping agri-business customers through difficult times. Banks provide a range of services to help farming customers experiencing not only the effects of drought but also natural disasters or other circumstances outside their control. The ABA welcomes the Government's continued support regarding the existing provisions of in-drought support measures.
Download PDFUsing technology to hold meetings and sign and send documents
16 July 2021
The ABA supports legislation being technology neutral and facilitating innovation in how companies and businesses engage with shareholders and other stakeholders.
Download PDFDigital Identity Position Paper (Phase 2)
16 July 2021
ABA reiterates our view that there is significant potential economic benefit in the government’s digital identity initiative for consumers and businesses. ABA also reiterates that the ability of a government digital identity system to achieve wider adoption, and therefore realise the potential economic benefits of this government policy, will likely depend on factors such as clarity of legislative framework, flexibility to innovate and incentive to participate, security of protections for data and privacy, and clarity and effectiveness of governance arrangements.
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