Comparison of Australian Banking Code of Practice and Code of Ethics for Professional Accountants
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This paper compares the Australian Banking Code of Practice and the Code of Ethics for Professional Accountants in terms of similarities and differences. It also discusses the justification and effectiveness of these codes.
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Running head: ADVANCED FINANCIAL ACCOUNTING1 Advance Financial Accounting Student’s Name Affiliation Date
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ADVANCED FINANCIAL ACCOUNTING2 Compare the two Codes in terms of similarities and differences Introduction This paper will focus on two Australian Codes and these include the 'Australian Banking Code of Practice" and the "Code of Ethics for Professional Accountants."Three main discussion elements for this paper include the comparison of the two codes, the justification of both Codes and likelihood of success of either of the Codes. “The Banking Code of Practice” (the Code) provides the different service standards in the industry of the Australian banking for customers who operate on very small businesses. This code further covers, individual business customers and their respective guarantors ("Banking Code - Australian Banking Association," 2019). The version of this particular Code is set to start being effective from 1 July 2019. This Code is purposed to provide protections and safeguards, which are not set out in the Australian law. “APES 110 Code of Ethics for Professional Accountants (Code)” is a code, which was issued by APESB or the Australian Professional and Ethical Standards Board. The organization intended to establish a conceptual framework for all Australia's professional accountants in order to ensure that they are able to comply effectively with the five main ethical principles ("APES 110", 2019). Similarities Irrespective of the fact that the two Codes were established under different circumstances, there are various similarities as far as the “Australian Banking Code of Practice” and the “Code of Ethics for Professional Accountants” codes are concerned. One of the significant similarities as far as the “Australian Banking Code of Practice” and the “Code of Ethics for Professional Accountants” is concerned is the fact that both the two codes are purposed to uphold the codes of professional practice among institutions (Cheng, 2012). Signing up for this Code by these banks
ADVANCED FINANCIAL ACCOUNTING3 is one of the ways of making a promise to meet different codes of standards associated with good practices of Banking ("Code of Banking Practice," 2019). The “Australian Banking Code of Practice,” therefore, represents a stronger commitment of different banks as far as ethical behaviors are concerned, including increased transparency, more excellent protection of the people's finances and responsible lending services. The Australian Banking Code is, therefore, an essential step towards establishing better ethical practices among Australian Banks (Campbell, 2012). The “Code of Ethics for Professional Accountants (APES 110)” similarly focuses on upholding ethical practices among accountants in Australia. The “Code of Ethics for professional accountants” upholds ethical practices through establishing a conceptual framework for the different Australian professional accountants with a purpose of ensuring that they can comply with the five fundamental ethical principles, (Sonnerfeldt & Loft, 2018). Another significant similarity as far as the two codes are concerned is that they both operate under well set out principles. The “Code of Ethics for Professional Accountants (APES 110)” operates under five main essential principles, and these include aspects of due care, objectivity and many others, (Campbell, 2012). The Australian Banking Code of Practice on the other hand operated under five major principles or guiding aspects and these include accessible and inclusive banking services, the protection of business customers against unfair contractual terms, enforcement actions gains of the customers, responsible lending, more excellent financial protection, commitment to ethical behavior and others, (Akers & Giacomino, 2011). Therefore, both the “Australian Banking Code of Practice” and the “Code of Ethics for Professional Accountants” operate under well-specified principles in the provision of different services to its people.
ADVANCED FINANCIAL ACCOUNTING4 Both the “Australian Banking Code of Practice” and the “Code of Ethics for Professional Accountants” are only applicable to the Australian government. Such codes, therefore, do not expand to other States outside the Australian government (Humphrey-Jenner, Powell & Zhang, 2019). The Accounting Professional and Ethical Standards Board Limited issued the “Code of Ethics for Professional Accountants,” and it has been under use or working since July 2011. This Code provides the people with highly specified transitional provisions about partner rotation, relative size, non-assurance service, and others (Davis, 2016). The Australian Banking Code of Practice similarly was published by the Australian Banking Code Association with a purpose of outlining practice and conducts standards for banks, their respective staff, and representatives as far as their dealings with small business customers and individual customers including their respective customer guarantors (Jenner, Powell & Zhang, 2019). Both the Accounting Professional and Ethical Standards Board Limited and the Australian Banking Code Association are independent Australian bodies having a purpose of upholding the ethics in professional practice and therefore the Australian law. Differences There are differences as far as the “Australian Banking Code of Practice” and the “Code of Ethics for Professional Accountants” is concerned. The “Australian Banking Code of Practice” has not yet been adopted in the professional practice of Australia while the “Code of Ethics for Professional Accountants” has already been adopted in professional practice. The Australian signatory banks signed that the “Australian Banking Code of practice” would adopt the Code on 1st-July 2019. The “Australian Banking Code of Practice” has been in operation since 1 July 2011. However, various Amendments have been made over time to integrate new aspects to the initially set standard. Two amendments were made in the year 2013 while one Amendment was
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ADVANCED FINANCIAL ACCOUNTING5 made in the year 2017 as a result of revisions, which were made to the IESBA's Code for NAS and NOCLAR (Sonnerfeldt & Loft, 2018). Another significant difference as far as the Australian Banking Code of Practice and the Code of Ethics for Professional Accountants is the fact that the Australian Banking Code is voluntary when it comes to the different banks that it affects. On the other hand the Code of Ethics for Professional Accountants directly apply to all the different people operating as professional Accountants in the State of Australia without them having to choose to operate under it, (Sonnerfeldt & Loft, 2018). The “Australian Banking Code of Practice” is voluntary in that it will only apply to the Australian retail banks who will adopt it, (Gilchrist, 2010).For the retail banks that will choose not to adopt it, such banks are not bound by the Australian law to adopt such a code irrespective of the fact that it will be of great benefit to the different banks that choose to work with it (Gilchrist, 2010). However, these banks will find it mandatory to adopt the Australian Banking Code as one of the necessary conditions as far as their membership in the Australian Banking Association is concerned. Besides, the “Code of Ethics for Professional Accountants” will apply to all the different members practicing accountancy in Australia (Davis, 2016). Accounts in Australia have no choice other than complying with this Code unless they are prevented by the regulations or applicable laws from doing so. In the application of the different requirements that are outlined in the Code, the various members are guided by the Code. This Code directly applies to all the members of the APEXB, and therefore it automatically includes Chartered Accountants ANZ, the Institute of Public Accountants, and CPA Australia. Another significant difference as far as the “Australian Banking Code of Practice” and the “Code of Ethics for Professional Accountants” is that the “Australian Banking Code of Practice” applies to customers of the banking services while the “Code of Ethics for Professional Accountants”
ADVANCED FINANCIAL ACCOUNTING6 applies to bank service [providers or professional accountants. The Australian Banking Code of Practice majorly applies to all the Australian people who may be or are being provided with banking services. Among such individuals, include the Individual Australian customers, the Australian small business customers having less than an amount of $10 m as its annual turnover, less those 100 FTE workers or employees and overall debt of less than $3m in their previous financial year. More so, this Code further applies to the prospective guarantors who are securing a loan in Australia to a small business customer or an individual. The “Code of Ethics for Professional Accountants,” on the other hand, applies to all the Australian professional Accountants. This Code sets out different professional standard ns ethics for individuals in the accounting professional cross Australia and therefore, requires all professional accountants in Australia to conduct their respective professional activities in the best way they can. Justification of the codes Australian Banking Code of Practice There are several reasons why the Australian Banking Code of Practice was created. The previous Banking Practices, as far as the Australian government is concerned had limited consideration for the customer’s needs and banking services that they were provided (Kofman & Murawski, 2015). Small businesses and customers in the Australian government were not adequately protected as far as their respective banking services were concerned. This Code was therefore created to introduce new measures in the Australian government that would play a significant role in protecting the interest of the banking customers, increase accountability, and transparency, build confidence and trust in different banks (Kofman & Murawski, 2015). The legal protections that the bank customer had in Australia were limited, and such customers were
ADVANCED FINANCIAL ACCOUNTING7 therefore cheated in most cases as the banks provided their respective services. The Australian Banking Code of Practice was consequently created to enhance the already existing protection of customers of the Australian Banks through expanding the impact and reach of legal protections for small businesses and consumers of different Australian Banks (Gruen, 2015). In addition to the above, there were different areas in the Australian Banking system and operation that were not covered by banking legislation. Moreover, the Australian legislation was inappropriate for some particular issues that affected the services provided to different customers in the Banks (Triyuwono, 2015). Among such areas included the customer rights concerning account combination, independent rights concerning compliance with other guidelines and agreements, specific considerations or measure for vulnerable people or groups and the imposition of different inspirational bank standard(Gruen, 2015). All such issues strongly limited the quality of bank services that different bank customers were provided as they sought for services from different banks. The Australian Banking Code of Practice was therefore introduced to ensure that the rights of bank customers as far as such different areas are concerned were covered to improve the quality of banking services received by the Australian people. In addition to the above, the Australian protections that were provided in the NCCPA did not extend to different small business customers, particularly the aspect of small business loans. Such an issue created a need for the creation of a Banking code that covered customers irrespective of their financial status or level (Gruen, 2015). The Australian Banking Code of Practice was, therefore, created with the intention of coverage was provided for some products and customers that were not initially afforded coverage as far as the Australian legislation was concerned. More so, this Banking Code was created to provide body to the legislation's general obligations.
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ADVANCED FINANCIAL ACCOUNTING8 Code of Ethics for Professional Accountants The “Code of Ethics for Professional Accountants” was created due to several reasons. The circumstances in which the Accountants in Australia operated created highly specified threats as far as their compliance with essential principles is concerned (Triyuwono, 2015). Defining the different situations, which created threats to the agreement of Australian Accountants with the vital principles, including the specification of the necessary or appropriate actions, was highly impossible. More so, the nature of work assignments and engagements of such accountants differed and therefore different threats were likely to be created in the accountancy profession, which called for the creation or application of various safeguards (Kirova & Penkin, 2013). Such issues, therefore, called for the establishment of the “Code of Ethics for the Australian professional accountants”, which developed a conceptual framework, which required different accountants in the identification, analysis, evaluation, and the addressing of such various issues in respect to operating in accordance to the fundamental principles of accounting,( Howell, 2015). The Code of Ethics for Professional Accountants was therefore created with a purpose of helping Accountants in Australia to comply with their respective ethical requirements and to ensure that they can meet their responsibilities of acting within the interests of the public. This Code was therefore created in order to accommodate various circumstance variations, which created threats for the compliance of accountants with fundamental principles in order to prevent them from making conclusions that some situations are legal just because there is no specification that such an act is prohibited ("Why ethics are fundamental to good accounting", 2019). Do you expect either or both) of these Codes to be effective in their fundamental objectives? Explain and justify your perspective
ADVANCED FINANCIAL ACCOUNTING9 I firmly believe that the new Australian Banking Code of Practice will be useful in its primary objectives. First, the rules that were used in this Code are strongly binding concerning the members of ABA, and therefore, they form part of the signed contracts between banks and their respective customers. More so, the Australian Banking Code of Practice was developed and reviewed in a highly transparent manner that involved extensive consultations with different stakeholders including different small business groups and consumers (Davenport & Dellaportas, 2009). Moreover, the Australian Banking Code of Practice is further supported by highly effective compliance and administration mechanisms. The BCCC will also continue having oversight for Code compliance of the banks, tools that require the cooperation of the bank with their investigations and monitoring services, and various sanctions for the banks' non-compliance with the provisions of the Code. Such aspects presented above are of great importance and significance when it comes to ensuring the success of the Code and therefore, its effectiveness with its respective fundamental objectives. In addition to the above, the Australian Banking Code of Practice will have an independent monitoring body as far as the different Codes of Conduct for different Banks are concerned ("New Banking Code of Practice: Australian Banking Association," 2019). An independent monitoring body is of considerable significance since it will play an independent role of reinforcing the consumer confidence and trust through demonstrating as part of the commitments of the bank towards very high operating industry standards including their willingness to have their obligations scrutinized independently (Davenport & Dellaportas, 2009). The independent monitoring body for the Codes of Conduct of different banks or financial institutions will provide the industry with guidance concerning when the codes of conduct of the sector of the
ADVANCED FINANCIAL ACCOUNTING10 financial services will be approved. It is stated in the Code that the Banking Code Compliance Committee (BCCC) will administer and enforce the Code's specifications. More so, individuals will be allowed to report any form of Code breach to the BCCC and the different small businesses and Australia's Financial Complaints Authority will give consumers having disputes as far as the Code is concerned an opportunity to air out their respective differences. Having the Banking Code of Compliance Committee as an independent body puts the Code in a better position to be effective in its respective fundamental objectives ("New Banking Code of Practice: Australian Banking Association," 2019). The above is as a result of the fact that there will be an unbiased monitoring processes as far as the Code is concerned hence providing room for necessary adjustments to be made to ensure the effectiveness of the Code (Lewis et.al, 2009). Likelihood of the success or otherwise of these two Codes going forward There is a limited likelihood of the success of the “Code of Ethics for Professional Accountants” due to several reasons. Among these includes the fact that as far as the compliance of an accountant with the different fundamental principles is concerned, times might exist in the professional world whereby the responsibilities of the member to the organization and one's professional obligations of compliance with the different principles are conflicting with each other (de Bos, Galle & Jans 2017). Such a situation can put the accountant in a position whereby compliance with the principles is difficult due to the fear to lose the job and therefore failing to work in accordance to one's required professional, ethical principles. More so, the accountant is also likely to face the consequences resulting from one's responsibilities to his or her employing organization. In such a situation, an accountant may be placed under pressure to behave or act in a manner that could result into different threats as far as one's compliance with different important or fundamental principles is concerned. Such kind of pressure could be implicit or
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ADVANCED FINANCIAL ACCOUNTING11 explicit, and it could come from organizational measures such as the managers, the supervisors, the directors, and other individuals ("Accounting Professional and Ethical Standards Board," 2019). Therefore, having such fundamental principles in place is not a guarantee that the rules and regulations in the Code will be followed given such prevailing possible circumstances. Conclusion As far as the comparison of the two codes are concerned, both the “Australian Banking Code of Practice” and the “Code of Ethics for Professional play a key role in the Australian Government through upholding professional practices or behaviors among institutions. More so, both codes were developed under well-set principles of operation, which provide a sense of direction as far as their usage is concerned. The main difference as far as the two codes are concerned is the fact that the “Australian Banking Code of Practice” is not yet in operation while the “Code of Ethics for Professional Accountants” is already in operation. Moreover, the “Australian Banking Code of Practice” applies to banking customers while “Code of Ethics for Professional Accountants” applies to the service providers in different banks in Australia. Such codes were created with an intention of improving professional practices among institutions and individuals in the Australian government. Therefore, such codes can be considered as a continuation of different aspects f the Australian law.
ADVANCED FINANCIAL ACCOUNTING12 References Accounting Professional and Ethical Standards Board. (2019). Retrieved from https://www.apesb.org.au/page.php?id=12 Akers, M., & Giacomino, D., (2011). Ethics And The Accountants' Code Of Conduct.Journal Of Applied Business Research (JABR),16(3). doi: 10.19030/jabr.v16i3.2045 APES 110. (2019). Retrieved from https://www.cpaaustralia.com.au/professional-resources/accounting-professional-and-ethical- standards/apes-110-code-of-ethics-for-professional-accountants Banking Code - Australian Banking Association. (2019). Retrieved from https://www.ausbanking.org.au/policy/banking-code/ Campbell, A., (2012). Banking – The latest edition of the Code of practice.Amicus Curiae,1998(3). doi: 10.14296/ac.v1998i3.1630 Cheng, Y. (2012). Further Discussion on the Construction of Ethics of Professional Accountants.International Journal Of Business Administration,3(3). doi: 10.5430/ijba.v3n3p28 Code of Banking Practice. (2019). Retrieved from https://www.nab.com.au/about-us/corporate- governance/code-of-banking-practice Davenport, L., & Dellaportas, S., (2009). Interpreting the Public Interest: A Survey of Professional Accountants.Australian Accounting Review,19(1), 11-23. doi: 10.1111/j.1835- 2561.2008.00041.x Davis, K., (2016). Macroprudential Regulation and Banking Regulation.Australian Economic Review,49(1), 93-95. doi: 10.1111/1467-8462.12144
ADVANCED FINANCIAL ACCOUNTING13 De Bos, A., Galle, A., & Jans, M. (2017). Reshaping the governance of the Dutch banking sector: impact of the Dutch Banking Code.Journal Of Banking Regulation,19(2), 101-117. doi: 10.1057/s41261-017-0044-1 Gruen, N., (2015). Central Banking for All: A Modest Case for Radical Reform.Australian Economic Review,48(2), 205-208. doi: 10.1111/1467-8462.12113 Howell N.(2015).Revisiting the Australian code of banking practice: Is self-regulation still relevant for improving consumer protection standards?. The University of New South Wales law journal 38(2):544 · January 2015 Humphery-Jenner, M., Powell, R., & Zhang, E. (2019). Practice makes progress: Evidence from divestitures.Journal Of Banking & Finance,105, 1-19. doi: 10.1016/j.jbankfin.2019.04.004 Kirova, B., & Penkin, I. (2013). The Code: the Da Vinci code, TM code, QR code ...Journal Of Intellectual Property Law & Practice,8(8), 599-602. doi: 10.1093/jiplp/jpt100 Kofman, P., & Murawski, C., (2015). Does Australia Need a New Banking Model?.Australian Economic Review,48(2), 200-202. doi: 10.1111/1467-8462.12107 Gilchrist, D.M.G., (2010). Accountants' Truth: Knowledge and Ethics in the Financial World by Australian Journal Of Public Administration,69(3), 340-342. doi: 10.1111/j.1467- 8500.2010.00688_5.x New Banking Code of Practice: Australian Banking Association. (2019). Retrieved from https://obriensolicitors.com.au/new-banking-code-of-practice/ Sonnerfeldt, A., & Loft, A., (2018). The changing face of ethics – Developing a Code of Ethics for Professional Accountants from 1977 to 2006.Accounting History,23(4), 521-540. doi: 10.1177/1032373217751219
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ADVANCED FINANCIAL ACCOUNTING14 Triyuwono, I. (2015). Awakening the Conscience Inside: The Spirituality of the Code of Ethics for Professional Accountants.Procedia - Social And Behavioral Sciences,172, 254-261. doi: 10.1016/j.sbspro.2015.01.362 Why ethics are fundamental to good accounting. (2019). Retrieved from https://www.intheblack.com/articles/2014/08/13/why-ethics-are-fundamental-to-good- accounting