This report provides an overview of Westpac Banking Corporation, one of the largest and oldest banks in Australia. It covers the functioning of the bank, applicable laws and regulations, and the impact of international treaties and conventions. The report also highlights the bank's commitment to human rights and sustainability.
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Westpac Banking Corporation Executive Summary When it comes to banking and financing sector in Australia, the first name pops up in mind is Westpac Banking Corporation. It the one of the biggest and the oldest bank operating since 1817 in Australia. It have its headquarters in Sydney. This report will focus mainly on the functioning of the bank, the applicable laws, which the company have to follow, and the effect when they are not followed. This report will also focus ontheinternationaltreatiesandconventionwhichimpacttheworkingofthe Westpac. 1|P a g e
Westpac Banking Corporation Table of Contents Executive Summary............................................................................................................................1 About Westpac....................................................................................................................................3 Applicable Rules and Legislations....................................................................................................3 International Treaties and Conventions...........................................................................................7 Bibliography.......................................................................................................................................13 2|P a g e
Westpac Banking Corporation About Westpac In 1817, Westpac was established and began trading in Australia. Initially it was known as Bank of New South Wales. It has branches and offices all over Pacific region(Do et al., 2007).Westpac Banking Corporation is an Australian based company operating its work in banking as well as fiscal services, which include merchandising,commerce,financialorganisation,andservicesrelatedto management of money. With having branches in Australia, New Zealand and in other Pacific region, Westpac is one of the biggest banking corporations in Pacific region. It has workplace at some of the prominent places around the globe(Westpac Banking Corporation Annual Report 2010, 2010).Westpac has its headquarters in Sydney, Australia(Anon., 2019).It operates mainly in five divisions: Consumer Bank, Business Bank, Westpac Institutional Bank, Westpac New Zealand, BT Financial Group.There are 35,029 employees in Australia and more than 40,000 all over the globe in 2018(Chronican, 2007). Applicable Rules and Legislations Westpac primarily deals in banking and financing sector and its headquarter is in Australia.Hence,Australianlawswillbeapplicable.Someoftheregulatory framework and agencies which supervise and regulate, which are applicable on Westpac are- 1.Australian Prudential Regulation Authority- Australian Prudential Regulation Authority is in charge of careful supervision of banks, credit associations, building social orders, life and general insurance agencies, amicable social orders and most superannuation/pension reserves. APRA’s role incorporate settingupandupholdingprudentialmodelsandpracticesintendedto 3|P a g e
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Westpac Banking Corporation guarantee that, under every single sensible situation, monetary guarantees made to clients by the establishments it directs are met. APRA supervise the working and regulate the banks and Westpac is one of the major and biggest banks of Australia and it have to report prudential data to APRA incorporating data with connection to capital ampleness, extensive vulnerability, bond rating and ability to pay debt. Its monitored substances in Australia are approved safetynetprovidersandthecaretakersofsuperannuationreservesare likewise subject to the APRA administrative routine. Delineating is enhanced by discussions, on location investigations and focus on audits. Westpac’s outer examiners likewise have a commitment to provide details regarding consistence with certain statutory and administrative financial necessities and on any issues that as they would see it might can possibly tangibly partiality the interests of contributors and different partners.(Anon., 2018). 2.Reserve Bank of Australia- Reserve Bank of Australia is in charge of money related arrangement, keeping up fiscal structure quality and propelling the security and effectiveness of the portion systems. The Reserve Bank of Australia is a working part in the cash related markets, manages Australia’s distant stores, issues Australian currency and fills in as financial specialist to the government of Australia. Westpac have to follow the strict guidelines set by Reserve Bank of Australia. Westpac and other banking corporations have to make rules and regulations regarding loans and interest rates according to the guidelines set by Reserve Bank of Australia(Evans, 2019). 3.Australian Securities and Investment Commission- Australian Securities and InvestmentCommission(ASIC)istheapexcontrolleroftheAustralian organizations. The essential obligation of ASIC is to direct and implement 4|P a g e
Westpac Banking Corporation organization,buyercredit,moneyrelatedmarketsandmonetary administrationslawsthatensurepurchasers,investorsandcreditors. Concerningmoneyrelatedadministrations,itadvancesgenuinenessand reasonableness by giving shopper assurance, utilizing administrative forces to authorize laws identifying with store taking exercises, general protection, life coverage, superannuation, retirement bank accounts, securities, (for example, offers,debenturesandoversawspeculations)andfatescontractsand monetary guidance. ASIC has obligation regarding directing exchanging on Australia’shouseholdauthorizedmarketsandofexchangingmembers. Westpac have setup laws, rules and regulations according to the instructions given by ASIC. There are strict punishment when ASIC’s guidelines are not followed. Recently, Westpac gave 35 million dollars to ASIC in a case where Westpac breached the rules of lending money(Danckert, 2018). 4.Australian Securities Exchange- the Australian Securities Exchange works Australia's essential national market for securities trading issued by recorded organizations. A portion of securities is recorded on the Australian Securities Exchange and in this manner Westpac have commitments to conform to the Australian Securities Exchange Listing Rules that have statutory sponsorship under Corporations Act. The Australian Securities Exchange has obligation regarding the ignorance of recorded elements within the purview of Australian SecuritiesExchangeListingRulesandforcheckingandupholding consistencywiththeAustralianSecuritiesExchangeOperatingRules (ASEOR)bymerchandising,gladeandresolutionmembers.Westpac Banking makes cash by loaning out its different types of borrowings. Stores fromclientswillingeneralbearthemostreducedhazardgiventhe 5|P a g e
Westpac Banking Corporation moderately steady sum accessible and financing cost. When in doubt, a bank is viewed as less dangerous on the off chance that it holds a more elevated amount of stores. Westpac Banking’s all out store dimension of 68% of its absoluteliabilitiesisinsidethereasonableedgeformoneyrelated foundations which by and large has a proportion of half. This demonstrates a reasonable dimension of the bank's more secure type of acquiring and a judicious dimension of hazard(St, 2018). 5.AustralianCompetitionandConsumerCommission-TheACCCisan autonomous legal expert in charge of the guideline and forbiddance of hostile to focused and out of line advertise practices, mergers and attainment in the territoryofAustralia.ItswidegoalistoregulatetheCompetitionand ConsumerAct2010(Anon.,2010)andconcerningenactmenttobrings aggressivenessthatismoreprominent,reasonableexchanging,shopper assurance and item security in the Australian economy. The job of ACCC’s in shopper assurance supplements in Australian state and region purchaser undertakings organizations that direct the uncalled for exchanging enactment of their locales. There are four major banks at present in Australia and the government of Australia has released new policy known as ‘four pillar policy’. This policy states that it the responsibility of the four major banks including Westpac to maintain appropriate and correct level of free and fair competition in the market. 6.Australian Transaction Reports and Analysis Centre- Australian Transaction ReportsandAnalysisCentre(AUSTRAC)supervisetheconsistencyof AustralianannouncingsubstanceswhichincludeWestpac,inside prerequisites of the Anti-Money Laundering and Counter-Terrorism Financing 6|P a g e
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Westpac Banking Corporation Act 2006(Anon., 2006)and the Financial Transaction Reports Act 1988 (Anon., 1998). These necessities include: actualizingschemesfordistinguishingandobservingclients,to managethedangersoftaxevasionandpsychologicalwarfare monetary advice; detailing doubtful issues, edge exchanges and universal subsidizes exchange directions; and presenting a yearly consistence report. AUSTRACgivesbudgetarydatatostateandAustraliangovernmentlaw requirement, safety, social equity, income offices and certain universal partners. There are probable chances that the products and services of Westpac can be used in illegal tax evasion and giving assistance to terrorism. To stop or reduce the chances of illegal tax evasion and giving assistance to terrorism, the laws applicable in Australia both at national and local level mandates Westpac to do training, processes and system for identification, managing and mitigating the risk. Complying with the laws makes Westpac, a good corporate citizen. Failure to comply with the relevant laws can lead to penalties, which include legal and regulatory actions (Anon., 2019). Westpac regards and advance human rights in all that it does as it causes them to accomplish their vision to support clients, networks and individuals to thrive and develop. 7|P a g e
Westpac Banking Corporation International Treaties and Conventions To support and to maintain goodwill and Principles of doing business, Westpac have adopted its system of working from internationally acclaimed standard such InternationalBillof HumanRights- itconsist ofUniversalDeclarationof Human Rights, the International Covenant on Economic, Social and Cultural Rights and the Covenant on Civil and Political Rights International Labour Organisation Declaration on Fundamental Principles and Rights at Work(Anon., 2019) Whileapplyingtheabovementionednorms,Westpacpursuesglobally acknowledged systems developed by: United Nations Guiding Principles on Business and Human Rights United Nations 2030 Agenda for Sustainable Development OrganisationforEconomicCo-operationandDevelopment(OECD) Guidelines on Multinational Enterprises InternationalLaborOrganizationTripartiteDeclarationConcerning Multinational Corporations and Social Policy Westpac additionally bolster the accompanying business guidelines: United Nations Global Compact Equator Principles Principles of Responsible Investment The standards and rules set out in our Position Statement applies to all Westpac Group brands and auxiliaries and goes about as a kind of perspective position for the 8|P a g e
Westpac Banking Corporation workers, clients, joint-adventure accomplices, providers, contractual workers and redistribute suppliers, and the more extensive network. To address human rights, Westpac center our due ingenuity forms around: Economic and business interest. Fair wages and working conditions. Freedom of affiliation. Anti-segregation, badgering and tormenting. Workplace decent variety, openness and adaptability. Accessible administrations and innovation. Health, security, security and prosperity, in the working environment, network and on the web. Privacy and the accumulation, use and revelation of individual data. Financial, instructive, work environment, social and Indigenous incorporation. Community rights including: oThe rule of free, earlier and educated assent for Indigenous people group affected by choices or activities that influence their property, region and common asset. oAccesstosolidconditions,sustenancesecurity,accesstowaterand sanitation(United States Securities and Exchange Commission, 2012). Lined up with position explanations and other open responsibilities, Westpac have a zero resilience center around: Unlawful oppression clients, to people or different gatherings with whom Westpac have dealings. All types of constrained, dealt and necessary work and child labour. 9|P a g e
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Westpac Banking Corporation Illegal land obtaining/land snatching(Keating et al., 2008). The standards of Westpac are implanted in the strategies, articulations, systems and activity designs that help everyday tasks. These accommodate their continuous due constancyformsthatapplyallthroughesteemchain.Supportingtherelated arrangements, articulation, systems and activity plans is a way to deal with risk management, group-level methodologies and theme based activity plans. Westpac’s Board-affirmed Risk Management Strategy and hazard class systems assume a job in deciding how we regard human rights. For instance, Westpac respectshumanrightsthatareinstalledinlocallawsthroughCompliance Management Framework. Apart compliance with local laws,oversee human rights chance, being the threat of goodwill or money related setback due to powerlessness to see or address material existing or rising human rights issues, as a sort of manageability chance under Sustainability Risk Management Framework. Various Group-level systems add to how we regard and advance our striking human rights. These include: Groupvitalneedsofexecutiondiscipline,administrativeinitiative, computerized change, directed development and workforce unrest. GroupSustainabilitymethodologyandsupportingdivisionalandlocal manageability techniques. Social Impact Framework, which incorporates an attention on Helping out duringneed,andInvestinginmonetaryprosperityandmoreprominent success. 10|P a g e
Westpac Banking Corporation NationalActionPlansincludingtheAustralianAccessibility,Financial Inclusion, and Reconciliation plans Moreover, Westpac also look to create associations with partners that regard and advance human rights, including providers, business and network accomplices that: Arefocusedonstraightforwardnessintheiradministrationstructureand exercises. Engage usefully with partners to address concerns. Responsibly oversee maintainability dangers and openings related all the more comprehensively with their exercises. Westpac proactively draw in with partners to develop comprehension of their desires and to raise the mindfulness and comprehension of human rights. This is upheld by multi-channel complaint components including: Whistle-blower Protection Policy – With concern-raising instruments (counting secretly) for workers, secondees, contractual workers and advisors(Anon., 2019). PrivacyandComplaintsManagementPolicies–Withclientinputand objectionstheboardcomponents,includingthroughemail CustomerExperienceWestpacGroup@westpac.com.au. Customer Advocate – Who is free and engaged to determine issues for clients; can topple choices made by our inner question goals process; and cansuccessfullytieustoclientcurewithouttherequirementforCEO endorsement. 11|P a g e
Westpac Banking Corporation Group Sustainability group – Who are available to all individuals from people in general for inquiries and remark on our way to deal with human rights, including by means of email sustainability@westpac.com.au. Some portion of the Westpac ethics is that on the off chance that we misunderstand things, at that point we set things back on track. For instance, Westpac’s Service Promisebolsterstheiremphasisonimprovingmeasuresofadministrationand putting the clients at the focal point of what they do. This incorporates a model of strengthening for the people of the company to settle on choices considered to be to the clients’ advantage. 12|P a g e
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Westpac Banking Corporation Bibliography Anon., 1998.Financial Transaction Reports Act. [Online] Available at: https://www.legislation.gov.au/Details/C2017C00399[Accessed 16 April 2019]. Anon., 2006.Anti-Money Laundering and Counter-Terrorism Financing Act. [Online] Available at:https://www.legislation.gov.au/Details/C2019C00011[Accessed 16 April 2019]. Anon., 2010.Competition and Consumer Act. [Online] Available at: https://www.legislation.gov.au/Details/C2011C00003[Accessed 16 April 2019]. Anon., 2018.Westpac acknowledges APRA discussion papers on future revisions to the capital framework and leverage ratio for ADIs. [Online] Available at: https://www.westpac.com.au/about-westpac/media/media-releases/2018/20-january/ [Accessed 17 April 2019]. Anon., 2019.AML/CTF - Westpac Group policy. [Online] Available at: https://www.westpac.com.au/about-westpac/westpac-group/corporate-governance/ aml-counter-terrorism/aml-group-policy/[Accessed 16 April 2019]. Anon., 2019.Human rights. [Online] Available at: https://www.westpac.com.au/about-westpac/sustainability/our-positions-and- perspectives/human-rights/[Accessed 16 April 2019]. Anon., 2019.Westpac Group Code of Conduct. [Online] Available at: https://www.westpac.com.au/docs/pdf/aw/Westpac_Group_Code_of_Conduct_Augu st_2011.pdf[Accessed 16 April 2019]. 13|P a g e
Westpac Banking Corporation Anon., 2019.Westpac in Australia. [Online] Available at: https://www.westpac.com.au/about-westpac/global-locations/westpac-australia/ [Accessed 16 April 2019]. Chronican, P., 2007.Westpac Banking Corporation. [Online] Available at: https://www.westpac.com.au/content/dam/public/wbc/documents/pdf/aw/ic/ WBC_070305_PWC.pdf[Accessed 16 April 2019]. Danckert, S., 2018.Judge tears up $35m settlement between ASIC and Westpac in lending case. [Online] Available at:https://www.smh.com.au/business/banking-and- finance/judge-tears-up-35m-settlement-between-asic-and-westpac-in-home-loan- case-20181113-p50fon.html[Accessed 16 April 2019]. Do, H., Tilt, C.A. & Tilling, M.V., 2007.Corporate Social Disclosure by Westpac Banking Corporation: A study of social imoact reports. [Online] Business Conference Papers Available at:https://researchonline.nd.edu.au/cgi/viewcontent.cgi? article=1005&context=bus_conference[Accessed 16 April 2019]. Evans, B., 2019.The case for RBA rate cuts. [Online] Available at: https://www.westpac.com.au/news/in-depth/2019/02/the-case-for-rba-rate-cuts/ [Accessed 16 April 2019]. Keating, B., Quazi, A., Kriz, A. & Coltman, T., 2008. University of Wollongong: Research Online.In pursuit of a sustainable supply chain: Insightsfrom Westpac Banking Corporation, [Accessed 16 April 2019]. St, S.W., 2018.Have You Considered These Key Risks For Westpac Banking Corporation (ASX:WBC)?[Online] Available at: https://simplywall.st/stocks/au/banks/asx-wbc/westpac-banking-shares/news/have- 14|P a g e
Westpac Banking Corporation you-considered-these-key-risks-for-westpac-banking-corporation-asxwbc-2/ [Accessed 16 April 2019]. United States Securities and Exchange Commission, 2012.Westpac Banking Corporation. [Online] Available at: https://www.sec.gov/Archives/edgar/data/719245/000110465912076970/a12- 26429_120f.htm[Accessed 16 April 2019]. Westpac Banking Corporation Annual Report 2010, 2010.The Westpac group: Annual Report 2010. [Online] Available at: https://www.westpac.com.au/content/dam/public/wbc/documents/pdf/aw/ic/ WBC2010_Annual_Report_ASX.pdf[Accessed 16 April 2019]. 15|P a g e