MBA402: Governance, Ethics, and Sustainability - NAB Code Report

This report provides a comprehensive analysis of the National Australia Bank's (NAB) Code of Conduct, focusing on key areas such as discrimination, exploitation, corruption, dishonest and fraudulent behavior, whistleblower protection, and enforcement. It examines NAB's policies and practices related to preventing discrimination, including compliance with employment laws and addressing discrimination by third parties. The report highlights allegations of exploitation, including NAB's financial support for organizations involved in illegal activities. It also delves into NAB's anti-corruption measures, including its zero-tolerance policy and efforts to combat financial crime. Furthermore, the report discusses NAB's approach to preventing dishonest and fraudulent behavior, emphasizing internal controls and ethical conduct. It also details NAB's whistleblower protection mechanisms, ensuring confidentiality and protection against retaliation for employees reporting misconduct. The report incorporates references to academic journals and news articles to support its analysis, providing insights into NAB's commitment to ethical governance and sustainability.

Running head: GOVERNANCE, ETHICS AND SUSTAINABILITY
Governance, Ethics and Sustainability
Name of the student
Name of the University
Author note

1GOVERNANCE, ETHICS AND SUSTAINABILITY
Executive Summary
The primary purpose of this report is to discuss about the code of the conduct pertaining to
discrimination along with the exploitation of National Australia Bank. The report also throws
light on the corruption and the fraudulent behaviour policy of National Australia Bank. The
report also talks about the whistle blower protection in relation to the bank.

2GOVERNANCE, ETHICS AND SUSTAINABILITY
Table of Contents
Introduction................................................................................................................................4
Code of Conduct for National Australia Bank...........................................................................4
Discrimination........................................................................................................................4
Exploitation............................................................................................................................5
Corruption..............................................................................................................................6
Dishonest and Fraudulent Behaviour.....................................................................................7
Whistle blower protection......................................................................................................8
Enforcement...........................................................................................................................9
Conclusion................................................................................................................................10
References................................................................................................................................12

3GOVERNANCE, ETHICS AND SUSTAINABILITY
Introduction
Governance means the establishing of the policies by members of governing body in
relation to an organization. Governance includes mechanisms that helps in balancing power
of members that helps in enhancing viability of organization. Ethics refers to branch of the
philosophy that helps in the recommendation of the concepts pertaining to right and the
wrong conduct within an organization. National Australia Bank is a financial institution
within Australia in relation to market capitalisation along with the earnings (Nab.com.au
2019). This report throws light on the discrimination along with the exploitation within
National Australia Bank. The report also discusses about the code of the conduct in relation
to the corruption and the fraudulent behaviour in National Australia Bank. The report also
talks about the whistle blower protection along with the enforcement policies within National
Australia Bank.
Code of Conduct for National Australia Bank
Discrimination
NAB is said to conduct business in the way that aims to respect the rights as well as
dignity of people, and also avoids complicity in case of any discrimination regarding human
rights, while attempting to comply with the legal and regulatory requirements which
incorporates the protection of human rights (Ong 2016.).
The policies for the prevention of discrimination to the customers as well as the
employees involve: laws related to employment, which covers areas such as discrimination,
harassment –workplace bullying, occupational health as well as safety and so on.
The policies related to the prevention of discrimination to the customers stakeholders
and employees covers areas like services provided by bank, accessibility requirements,
mortgage, and asset management and so on (Karger, 2015).

4GOVERNANCE, ETHICS AND SUSTAINABILITY
According to these policies NBA will refrain from causing or supporting any adverse
influence on human rights through participating in the activities or business transaction which
are unscrupulous. NAB was also instructed to address such impacts if they are caused.
Under this policy NAB is allowed to eliminate the discrimination caused by the third
party. The prevention or mitigation of adverse human rights operations, or unscrupulous
services by NAB will be assessed by the assessment committees.
The maintenance of the grievance mechanisms to stop discrimination or any
discriminatory attitude by the bank or any of the employees of the bank to the customers and
stakeholders should be dealt with strict actions or penalty.
The reflection of the commitment by NAB regarding the removal of discrimination or
any kind of violation of human rights to its customers can be found in its relevant policies
and procedures of risk management, the diligence and training programs as well as the
overall approach of NAB to the governance of social and environmental risks.
For improving the policies regarding the removal of discrimination, NAB also ensures
the development of specific human rights policies as well as guidance. According to NAB the
bank will form an assessment committee which will mark the areas of concern and refer to
Appendix for a list of NAB policies which will address those issues of discrimination or
violation of human rights.
NAB has taken a risk-based approach in order to decide when increased due
diligence is essential for addressing or assessing the violations associated with potential
human rights in the banking sectors and other financial institutions or third party institutions
which indulge in the financial operation with NAB.

5GOVERNANCE, ETHICS AND SUSTAINABILITY
Exploitation
In spite of all these NAB -Australia’s biggest banking sector was accused of have
giving financial support to organisations indulged in illegal logging, forceful evictions as well
as child labour, as per the report of Oxfam Australia.
Another report revealed that National Australia Bank and the Commonwealth Bank
are indulged in the investments in a number of countries across the Asia which in turn
involved in illegal acquisition of land and leaving common people homeless. This reports
have also shown evidences that shows illegal land grabbing by the bank in the countries like
Cambodia to Indonesia and Brazil (Dungey 2015).
Oxfam Australia’s chief executive, Dr Helen Szoke. expressed his grief for this
unscrupulous activity by NAB. According to him this kind of involvement resulted in billions
of dollars of exposure for everyday Australians. Thus NAB is actually exploiting the common
people of Australia (Rogers 2015).
According to the report, the support by ANZ in the sugar plantation which again
involves child labour and forceful evictions the bank also supports some company logging
rainforest in Papua New Guinea (De Koker et al 2017).
This report also throw lights on the funding of NAB to a palm oil company named
Wilmar. Several investigations have found that Wilmar is also linked to land grabs in the
countries of Indonesia, Malaysia. Moreover the Commonwealth Bank are indulged in the
investment in agricultural business which runs a Brazilian sugar mill. According the
investigation depart of the government of Australia, this sugar mill is alleged of evicting
indigenous communities in Brazil from their own land.

6GOVERNANCE, ETHICS AND SUSTAINABILITY
Corruption
National Australia Bank takes care of the aspect of corruption by making use of the
advanced technologies that helps in deterring the corrupt behaviour in the organization.
National Australia Bank recognizes the fact that it is important to mitigate pernicious effects
in relation to corruption within the client countries. The Bank works at the regional along
with the global level in building the transparent and the accountable institution that helps in
the prevention of corruption. National Australia Bank implements the anti-corruption
programs that can act to the convenience of the clients along with the customers (De Haan
and Vlahu 2016). The Bank implements the policies along with the practices that helps in the
strengthening of the public integrity. National Australia Bank works with public along with
the private sectors in supports efforts that helps in curbing the aspect of corruption. The Bank
implements the policies that helps it in improving the standards that helps in sustaining the
anti-corruption efforts.
National Australia Bank possess zero tolerance policy towards the element of
corruption in relation to all the projects. The Bank fights the corruption by having a proactive
policy that helps in the anticipation and the avoiding of risks in relation to the projects
(Australianethical.com.au 2019) National Australia Bank is instrumental in subjecting the
potential projects to a lot of scrutiny that helps in reducing the corruption risks for the bank
(John, De Masi and Paci 2016). It works along with the clients that helps it in the elimination
of the corruption in relation to the services of the bank. The Bank can be said to be fully
committed in fighting against the financial crime that can cause inconvenience to the clients.
National Australia Bank understands significance of the sustainable controls that helps it in
combatting the financial crime (Smh.com.au 2019). The bank protects the reputation by
meeting the legal along with the regulatory obligations.

7GOVERNANCE, ETHICS AND SUSTAINABILITY
The employees of the Bank are not allowed to accept the bribes along with other
kinds of improper financial advantages. The bank ensures the fact that the agents along with
the suppliers act in a manner that is in accordance with the anti-bribery along with the
corruption laws (Calomiris and Carlson 2016). The bank abides by that of the local financial
crime laws. National Australia Bank implements the risk assessment process that helps it in
curtailing the corrupt practices of the bank.
Dishonest and Fraudulent Behaviour
National Australia Bank establishes the clear lines pertaining to internal
accountability along with the reporting. The bank does not recourse to fraudulent behaviour
that can cause inconvenience for the clients along with the customers. National Australia
Bank implements the internal controls that helps it in operating in an effective manner. The
staffs of the banks are trained in an adequate manner that helps it in curbing any kind of
dishonest behaviour. National Australia Bank prohibits the aspect of bribery or any kind of
“facilitation payments” (Kotz and Schmidt 2017). The employment opportunities of the Bank
are not used like an inducement that can help it in obtaining advantage in the business. The
staffs of the bank retains the accurate books along with the records pertaining to the
procedures. National Australia Bank prohibits the bribery that are committed by the third
parties. The Bank maintains due diligence pertaining to the third parties and it applies the
contractual terms that helps in reduction of risk of the bribery. The staffs of the bank who
would take recourse to the fraudulent behaviour can be terminated from the company.
National Australia Bank maintains culture of highest ethics and it is genuinely concerned
regarding any kind of misconduct (Carrasco, Carrington and Lee 2017). National Australia
Bank ensures that it does not take recourse to any kind of money laundering that can hamper
the reputation of the bank.

8GOVERNANCE, ETHICS AND SUSTAINABILITY
National Australia Bank detects any kind of fraudulent activity that can tarnish the
reputation of the Bank. The Bank has an effective transaction-monitoring system that helps
the bank in curbing any kind of corrupt behaviour. National Australia Bank monitors the
front-line staff that helps them in the identification of the unusual activities of the Bank. The
organization has a high level of the awareness that helps it in tracing any kind of fraudulent
behaviour. National Australia Bank establishes the proper review procedures that helps in
ensuring the fact that there is no risk pertaining to customer transaction (Salim, Arjomandi
and Seufert 2016). The bank takes steps that helps in the detection of fraudulent behaviour
that helps the bank in safeguarding the privacy of the clients. National Australia Bank
undertakes the regular enhancements that helps in the operations of business of the company.
Whistle blower protection
National Australia Bank is a socially responsible organization that conducts the affairs
in a transparent manner by adopting highest standard of the professionalism along with the
ethical behaviour. The Bank develops a culture that helps in alarming the people regarding
the unethical practice or that of the misconduct in any level. National Australia Bank takes
care of the fact that it does not take recourse to any kind of personnel action in the event of
any employee lodging any kind of complaint regarding the company. The reports of the
company shall be sent in a manner that is secure that can help in offering protection to the
whistle blower of the company (Stulz 2016). National Australia Bank implements procedures
that ensures the fact that whistle blower who reports the incidents regarding the misconduct
are provided with that of utmost confidentiality that helps in safeguarding his reputation.
Whistle blower procedures of National Australia Bank are fair that helps in offering
protection to the whistle blower who makes any kinds of complaints about the organization.
There can be various kinds of whistleblowing complaints in relation to the workplace
misconduct and the fraud related misconduct. National Australia Bank implements the anti-

9GOVERNANCE, ETHICS AND SUSTAINABILITY
retaliation measures that are pro-active that helps in responding in an appropriate manner to
the compliance concerns of the employees (Thenewdaily.com.au 2019). It implements the
effective programs that can help in the reporting of the problems in the workplace. The
company has procedures that prohibits any kind of retaliation against the employees who
raises concerns regarding the company (De Haan and Vlahu 2016). The whistle blower
provision of the bank helps in offering protect to the complainants of the company. The
whistleblowing complaint should be carried out in the good faith and it should not be
frivolous in terms of nature. National Australia Bank shall not indulge itself in denying any
kind of benefit or intimidate the act of the whistleblowing. National Australia Bank shall
arrange training of the staff so that they can know regarding rights along with the obligations
under that of anti-retaliation program. The bank offers anti-retaliation protection to the
individuals who are thought of to be the “assisting whistle blowers”.
Enforcement
National Australia Bank has enforcement policies that helps in the effective
functioning of the organization. The bank implements the compliance functions that are in
line with that of international along with the national policies. National Australia Bank has
the compliance function that is an important part of governance of the Bank. The bank can be
said to have a healthy compliance culture that helps in the enforcing of policies in the
organization. The bank has the enforcement function that helps in addressing the legal along
with the reputational risks. The bank observes the proper standards in relation to the market
conduct that helps in treating the customers in the fair manner. The corporate Governance
Structure of National Australia Bank helps in the evaluation of the reputational risks.
National Australia Bank has the compliance policy tools that helps in ensuring the aspect of
the bank security. National Australia Bank has the enforcement department that helps in
monitoring whether the bank is violating the regulation (Calomiris and Carlson 2016). The

10GOVERNANCE, ETHICS AND SUSTAINABILITY
bank maintains records on that of the bank performance that helps in the efficient functioning
of the company. The surveillance functions of the bank are developed that helps in enforcing
the crucial banking policies. The management of the bank should review the risk
management system of the bank that helps in addressing gaps of the organization. The bank
takes into account the procedure requirements that are mentioned in the consumer protection
act of Australia. The bank establishes the procedures that helps in monitoring the compliance
of the employees in relation to the fund availability along with the payment of the interest
(John, De Masi and Paci 2016). The head of the compliance of National Australia Bank
reports on the regular basis to that of the senior management on the matters that are related to
compliance that helps in the effective functioning of company.
Conclusion
In the conclusion it can be said that. Nab do not always maintains its policies against
corruption, discrimination as well as prevention of the exploitation by the third party or the
bank itself. It is only recorded in the document that the employees of the Bank are not
allowed to accept the bribes, but they actually charge bribe even from the marginalised
customers in order to provide better or faster services. In the name of giving loans to the
citizens they exploit they harass and exploit the customers by taking improper financial
advantages, and financial crime law as well as corruption laws are violated. It is said by the
bank that NAB attempts to establish transparency in the activities of the bank, in its
procedure to satisfy its customers as well as stakeholders, but in reality, the bank was seen to
indulge in fraudulent behaviour. This include exploiting customers by charging an exorbitant
interest rate or mortgage, in lieu of providing a small amount of loans. Hence, it is clear that,
NAB makes fake promises to protect the interest of their customer and eliminating all
inconvenience for serving the clients.

11GOVERNANCE, ETHICS AND SUSTAINABILITY
Again, the bank funds sugar industries, agricultural farming companied that are basically
indulged into evictions or illegal acquisition of lands in many countries. All these
unscrupulous activities are controlled internally and deeply connected to the top officials of
the banks. Hence it is evident that NAB directly violates all the principles of corruption.
Moreover, often customers from lower financial background are often misguided or face
discriminatory attitude of the staffs. Often customers who are unable to bribe employees are
not treated well and get almost no help from the employees. This is again indictive of
violation of code of conducts by NAB and the lack of adequate training to the staffs.

12GOVERNANCE, ETHICS AND SUSTAINABILITY
References
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on the Draft Report into Competition in the Australian Financial System.
Australianethical.com.au (2019). Why do we invest in banks like NAB and Westpac?
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2019].
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unprotected banks: National banks in the 1890s. Journal of Financial Economics, 119(3),
pp.512-532.
Carrasco, E.R., Carrington, W. and Lee, H., 2017. Governance and accountability: The
regional development banks. In Globalization and International Organizations (pp. 81-140).
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Economic Surveys, 30(2), pp.228-277.
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13GOVERNANCE, ETHICS AND SUSTAINABILITY
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[Accessed 28 Apr. 2019].
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[online] The New Daily. Available at:

14GOVERNANCE, ETHICS AND SUSTAINABILITY
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