Government and the banking industry also share the
responsibility for the development of an educational framework that will
encourage people of all ages, from all walks of life and in all localities to
use and enjoy using new technologies to access banking and financial services.
Banking and remote Indigenous communities
The Committee is aware that Indigenous people share with other
people in regional, rural and remote Australia difficulties in gaining access
to adequate banking and financial services. It notes, however, that some
difficulties faced by Indigenous people are often compounded by remoteness,
lack of financial literacy, socio-economic disadvantages, cultural differences
or a combination of some or all of these factors. In some cases, their need for
assistance is greater.
The Committee believes that any broad plan to improve access
to banking and financial services must also seek to encourage financial
institutions to make a commitment toward and to put in place practical measures
to improve the delivery of banking and financial services to people in
regional, rural and remote Australia particularly Indigenous Australians.
The ABA has committed itself to working with government and
other stakeholders to explore options for addressing the problems of access to
banking services for the 32 towns identified in a survey commissioned by the ABA
as having no over-the-counter banking service. All towns are located in remote
and very remote regions of Australia, and have a higher proportion of
Indigenous people living in the community than in the general population.
According to the ABA, the banking industry is ‘willing to
commit resources in particular to finding solutions for the difficulties that
people in remote Australia face, including personal financial literacy skills,
and less choice of services’. The most recent step toward this objective was
the announcement by the ABA to lead a tri-partite Round Table (Remote Services
Round Table’). In brief, the initiative is to involve relevant government
agencies, in partnership with Reconciliation Australia, to draw up action plans
to improve access to banking services.[1]
This proposal is in keeping with a number of the Committee’s recommendations.
For example, the Committee sees an important role not only for institutions
such as the Traditional Credit Union but the major banks in encouraging and
assisting Indigenous Australians to pursue a career in the financial services
sector (see recommendation 25). Recommendations 26 and 27 are also particularly
relevant.
While the Committee endorses the ABA’s proposal and strongly
encourages other possible participants to support the roundtable process, the
Committee, nonetheless, would like to see concrete evidence of financial
institutions taking a more hands-on approach to providing financial services to
remote communities.
Community service obligation
The Committee heard a range of opinions on the extent to which
banks have a responsibility to the community. Many submissions held the view
that banking services should be considered an essential service—a necessity of
everyday life.
The Committee believes that banking and financial service
providers should strive to deliver the same level and quality of service to
country Australia as they provide to metropolitan areas. It accepts that in
some cases this objective cannot be achieved on a commercially viable basis.
Nonetheless, the Committee believes that access to a basic banking service is
an essential service—that all Australians should have affordable and ready
access to a deposit account that receives funds and can be used to make
payments. In communities where it is commercially unsustainable for banks to
provide face-to-face banking services, the banking industry has an obligation
to take all reasonable measures to ensure that consumers have alternative means
to access their account. In the Committee’s view this obligation extends to
providing the education and training necessary for consumers to effectively use
the alternative means of banking; working with and providing assistance to
communities to find satisfactory solutions to their banking problems; and
ensuring that bank practices such as charges and fees and interest rates on
loans do not discriminate against people in regional, rural and remote
Australia.
Conclusion
The Committee believes that ensuring the provision of adequate
banking and financial services to regional, rural and remote Australia is the
joint responsibility of the financial services sector and government with the
active involvement of the community. It believes that ADIs do have a social
responsibility to ensure that the communities they serve are provided with
adequate services. It believes that there should be measures in place to guide,
assist, even compel Australian ADIs to behave appropriately. The industry code
of practice provides a major incentive for banks to observe minimum standards.
The Committee has made recommendations to strengthen the protocol governing
branch closures by, inter alia, requiring banks when considering branch
closures to consult with the community and to release a community impact
statement. It has also made recommendations to broaden the banking code of
practice by including an undertaking that banks will take all reasonable
measures to educate customers in the use and benefits of accessing banking
services through new technologies. Further, that the code will offer practical
guidance on some of the measures that banks could take to ensure that they are
effective in meeting this commitment.
In turning to compliance, the Committee has recommended that
the ABA take an active role in monitoring and reporting on the banks progress
in improving its code of practice and in implementing the recently formulated
industry standards. Furthermore, the Committee has recommended that the banks
work together to minimize the costs associated with using a foreign ATM in
country areas and to introduce a safety net basic account that provides
benefits over and above those offered in the recent proposal developed by the ABA.
Governments also have an important role in ensuring that all
Australians have reasonable access to banking and financial services. Their
central function is to create a marketplace in which consumers are
well-informed, their interests are protected and competition flourishes. The
Committee believes that the Government has an obligation to intervene should
the market fail to look after the needs of consumers especially in the area of
access to banking and financial services.
To this end the Committee has made a number of recommendations
that include improving the quality of data on, and analysis of, the
availability of banking and financial services. It has recommended the
continued funding of the RTC program, ongoing support for programs such as the
Family Income Management Plan, and the introduction of an incentive scheme
providing opportunities for Indigenous people to work and pursue a career in
the financial services sector. The Committee has also recommended that the
Government take a far more active role in monitoring and encouraging financial
institutions to observe minimum industry standards and to express its readiness
to implement stronger regulatory requirements should the industry fall short in
meeting these standards. The Committee can see the advantages to be gained in
placing requirements on banks to report on their work in disadvantaged
communities and has asked the Department of the Treasury to consider the merits
of a rating scheme.
In turning to the regulatory bodies, the Committee has
recommended that—the ACCC examine the competition issues involved in switching
bank accounts; ASIC investigate practices associated with book up in an effort
to curb unscrupulous conduct; and ASIC and APRA examine and report on the
compliance costs for smaller ADIs in providing services to regional, rural and
remote areas under the current regulatory regime and whether the costs can be
minimised without compromising consumer interests or prudential standards.
Overall, the recommendations are intended to improve
competition in the retail banking industry, strengthen consumer protection and
encourage the financial services sector to assume a far more active and
responsible part in promoting the economic welfare of people and their
communities in regional, rural and remote Australia.
The following section lists the recommendations contained in
the report.
Recommendations
Recommendation 1 Chapter
4, p. 62
The Committee recommends that the
State and Territory governments and the banking industry work together to
establish the exact costs to a customer in transferring a loan from one
institution to another as a direct result of a branch closure in rural,
regional and remote Australia. Further that they introduce measures to exempt
such customers from stamp duty and other associated costs when transferring a
loan to another financial institution as a direct result of their bank closing
a bank branch.
Recommendation 2 Chapter 4, p. 62
The Committee recommends that in
the event of a bank closing a branch in a non metropolitan area and where
another branch is not readily accessible that the bank waive any fees or
penalties incurred by a customer closing an account, including a loan account,
or transferring the account to another institution as a result of the branch
closing.
The Committee
also recommends that the ABA incorporate this waiver of transfer fees on closure
of a branch into the Transaction Services and Branch Closure Protocol.
Recommendation 3 Chapter
4, p. 67
The Committee recommends the
following amendments to the Transaction Services and Branch Closure
Protocol—
The following clauses to be
inserted:
- During any consideration by a bank to close a branch in a rural
or remote area or to significantly downgrade its services, it will consult with
customers and community organisations about the future of the branch and the
options being considered to substitute for the loss of services.
- Where a bank intends to close a rural or remote branch and where
that branch is the only branch in the town and the bank will not be able to
provide an over-the-counter facility offering adequate services for both
residents and local businesses, the bank will give a minimum of a six months
written notice prior to the closure to customers of the branch and community
organisations including local government.
- Where a bank gives notice of the closure of a rural or remote
branch, it will release a community impact statement. The intention is to
assist customers and the community understand the reasoning behind the closure
and to equip them with vital information necessary to make informed decisions
about measures that should be taken to ensure that the community has access to
adequate banking and financial services.
Protocol to be adopted following notification of closure:
- Section 1 (b) be amended to read—‘Where it is not commercially
viable for a bank closing a rural or remote branch to provide local ongoing
face-to-face services, which provide cash deposit and cash withdrawal
facilities for personal and small business customers:
- the bank will consult with and inform its customers about
accessing alternative services;
- the bank will maintain close liaison with its customers by
ensuring that they have ready access to information and advice;
- the bank will work with its customers and community organisations
to facilitate the establishment of some form of banking service for example
through the RTC program or Australia Post
A clause be inserted that makes a clear statement of
intention that a bank closing a branch will facilitate the transfer of accounts
to another institution of the customer’s choice. This undertaking to include
the timely and orderly transfer of information and documentation.
Recommendation 4 Chapter
6, p. 84
The Committee recommends that the
Department of the Treasury and the Department of Transport and Regional
Services review the ‘points of presence’ database to determine whether the
current system of gathering statistics on access to banking services is
producing a full and accurate representation of the delivery of such services
to rural, regional and remote Australia. Further, acknowledging that APRA does
not attempt to analyse or interpret the information it gathers for the points
of presence database, the Committee recommends that the Australian Government
nominate another agency better suited to carry out such analysis.
Recommendation 5 Chapter
8, p. 111
The Committee recommends that the ACCC convene an industry
working group that would include consumer associations to review current
practices in the transfer of accounts from one financial institution to another
to determine whether there are impediments to the switching of accounts and, if
so, to formulate best practice guides that could be used as a model to
facilitate the transfer of accounts to be incorporated in the Banking Code of
Practice.
Recommendation 6 Chapter
8, p. 113
The Committee notes APRA’s willingness to examine proposals
to ‘develop a viable tier one capital instrument that will not trigger
demutualisation’. It recommends that APRA in consultation with credit unions
and building societies explore this proposal.
Recommendation 7 Chapter
8, p. 118
The Committee
supports the objectives of the Financial Services Reform Act 2001 and
recommends that the Government monitor its implementation and related
regulations.
Specifically, the Committee
recommends that APRA and ASIC consult with CUSCAL, smaller ADIs and other
interested parties about the impact of the regulatory regime on the ability of
ADIs to meet the banking and financial services needs of Australians living in
rural, regional and remote communities. The Committee further recommends
that following the consultation, the two regulators prepare a report for
government on the costs of compliance under the current regulatory regime, its
effect on competition, and whether and how the costs could be minimised without
compromising consumer interests or prudential standards. The report is to be
tabled in Parliament.
The Committee
also recommends that the consultation and report process give particular
attention to the delivery of banking and financial services to Indigenous
communities in remote Australia.
Recommendation 8 Chapter 8, p. 122
The Committee recommends that the
Government in its review of the levy structure give close consideration to the
concerns of the smaller ADIs with a view to easing this burden. Further that
the matter be included in the concerns to be taken up by APRA and the industry
in the review of compliance costs mentioned in recommendation 7.
Recommendation 9 Chapter
10, p. 166
The Committee recognises a need for those managing RTCs to be
part of a more effective communication network so that they can benefit from
each other’s experience and provide valuable advice for those considering
applying for assistance. The Committee recommends that the Department of
Transport and Regional Services take a more active role in encouraging the
development of stronger links between RTCs throughout Australia and between
RTCs and departmental officers.
Recommendation 10 Chapter
10, p. 169
The Committee recommends that the
Australian Government conduct a review of the RTC program and its future
direction. The review would:
- identify ways to streamline the process of applying for funding
and to better assist communities formulate a business case for an RTC;
- develop a program designed to produce a better and more effective
communication network between individual RTCs;
- establish why many RTCs do not provide banking or financial
services;
- examine the scope and formulate a better strategy for extending
the services provided by the centres particularly the provision of banking and
financial services;
- determine the adequacy of the level of funding, especially the
requirement for on-going funding, to ensure that established centres maintain
their momentum and that new centres can be established; and
- consider the value in subsidising RTCs in localities without
accesses to banking services but which would have difficulty in becoming self
sufficient.
Recommendation 11 Chapter
10, p. 170
In light of the findings of the
Auditor-General, Audit Report No. 12, 2003–4, The Administration of
Telecommunications Grants, the Committee recommends that the Government make a public
recommitment to the RTC program especially to enhancing its role as a provider
of banking and financial services to areas without access to such services.
Recommendation 12 Chapter
11, p. 180
The Committee recommends that all
ADIs place a high priority on introducing the industry standards governing ATMs
and EFTPOS in the more remote areas of Australia.
The Committee further recommends that the ABA monitor and
report on the progress made in implementing these standards in rural, regional
and remote Australia.
Recommendation 13 Chapter
11, p. 181
In turning to the matter of the
additional costs imposed for using a foreign ATM, the Committee recommends that
banks implement measures to minimise the penalties imposed on their customers
living in areas where they have no choice but to use a foreign ATM.
Recommendation 14 Chapter
11, p. 181
The Committee recommends that the
ATM Industry Steering Group include in its considerations on the reform of ATM
interchange fee arrangements the special circumstances of fees and charges
associated with the use of foreign ATMs in rural, regional and remote Australia.
The focus of the group would be on building into any proposed reform of the ATM
fee structure safeguards that would ensure that people living in country towns
and remote communities do not incur significantly higher fees or charges for
using a foreign ATM and that an unreasonable or unwarranted differential in
fees and charges between those in rural and remote areas and those in metropolitan
areas does not develop.
Recommendation 15 Chapter
12, p. 197
The Committee recommends that any initiatives to develop or
improve information technology and telecommunications infrastructure in
regional, rural and remote Australia take account of the banking needs of those
living in country Australia and are implemented to support and enhance the
provision of such services.
Recommendation 16 Chapter
13, p. 205
The Committee recommends that the
review as suggested in recommendation 10 include consideration of the more
innovative ways that RTCs may be involved in delivering banking services to the
remote areas of Australia including the concept of a mobile RTC.
Recommendation 17 Chapter 13, pp. 207–8
The Committee recommends that
banks have trained officers available in their regional centres to look after
the banking needs of customers in country Australia who do not have face-to-face access to trained bank
staff. These designated officers would have responsibility for customers from a
particular geographic area and have direct knowledge of the local community and
businesses in the district.
Recommendation 18 Chapter
14, p. 228
The Committee recommends that
ADIs:
- expedite the introduction of industry standards as recommended in
chapter 11—standards have also been formulated for telephone and Internet
banking;
- allow sufficient time for people to experiment with and become
accustomed to new technology and for the banks to monitor the transition so
that adjustments can be made in light of any difficulties during this phase;
- offer hands-on training and education programs—the suggestion
from the Latrobe City Council about the use of dummy machines is a practical
and sensible idea and illustrates the range of options available to ADIs to
explore in structuring programs to assist their customers adopt new ways of
banking;
- work in close partnership with local community groups,
particularly the local council, to implement strategies to entice older
Australians to use modern technology when banking;
- provide education and training programs that focus not only on
proficiency in using new technology but on confidence building in the
technology itself; and
- ensure that there is on-going and easily accessible support to
help people who may be struggling with the technology or loath to use it.
Recommendation 19 Chapter
14, p. 228
The Committee recommends that the
Australian Bankers’ Association amend their current code of practice to include
the commitment that banks will take all reasonable measures to educate customers
on the use and benefits of accessing banking services through new technologies.
Further, that the code will offer practical guidance on some of the measures
that banks could take to ensure that they are effective in meeting this
commitment. They could include examples taken from recommendation 18.
Recommendation 20 Chapter
15, p. 245
The Committee recommends that the banking industry formulate
a safety net basic bank account that addresses the concerns of the ACCC and
consumer groups and again seeks authorisation from the ACCC. In particular, the
new proposal, while retaining some features of the earlier proposal put to the
ACCC such as no account keeping fees, would improve on it by offering more
non-deposit, fee-free transactions and also include safeguards that would:
- eliminate fees for bank balance inquiries; and
- not provide an overdraft facility.
The Committee recommends further
(and assuming that the ACCC’s authorisation is forthcoming) that the banks
notify their customers of the availability of the safety net account in
literature sent to customers and by displaying the relevant information in a
prominent position in every bank outlet.
Recommendation 21 Chapter
15, p. 245
The Committee acknowledges that
some ADIs already make available a basic bank account to better suit the needs
of low income earners. It recommends, however, that they extend the benefits
offered by the account. The Committee recommends that individual ADIs make
available to their customers, who are concessional card holders and low income
earners, a safety net basic bank account which includes measures outlined in
the previous recommendation. Further, in line with the previous recommendation,
ADIs notify their customers that such an account is available.
Recommendation 22 Chapter
15, p. 246
The Committee recommends that the banking industry urgently
investigate expanding the services offered through EFTPOS to enable a customer
to access information on their account balance during a transaction.
Recommendation 23 Chapter
15, p. 248
The Committee recommends that ASIC investigate practices
associated with book up in an effort to identify and curb unscrupulous conduct.
The Committee is aware that some retailers who use book up are providing a
much-needed service to some communities. It has no wish to see regulation
prevent them from providing this service. It does, however, want to see the
abuse of the system stopped.
Recommendation 24 Chapter
15, p. 252
The Committee recommends that
rather than continue with the piecemeal approach to the education of Indigenous
Australians in financial literacy that the Australian Government work with the
state governments to ensure that financial literacy and money management form
part of the core school curriculum starting from the earliest years of primary
education and carrying through to the secondary years of formal education and
to adult education programs.
Recommendation 25 Chapter
15, pp. 252—3
The Committee recommends that the Government provide funding
for an employment incentive and professional development scheme to assist
financial institutions, such as the Traditional Credit Union, provide
employment and educational opportunities for Indigenous people in the financial
services sector. Such a program could build on a number of Commonwealth projects
in existence designed to assist Indigenous people find employment and to
upgrade their skills. The program, however, would be specifically targeted to
encourage Indigenous people to pursue a career in the financial services
sector. The program would be of benefit not only to individuals but to Indigenous
communities where there is a need to have people who understand how Australia’s
banking and financial services industry works.
Recommendation 26 Chapter
15, p. 253
The Committee recommends that the banking industry take a
far more active and constructive role in improving the level of financial
literacy for all Australians but particularly among Australia’s Indigenous
people. It recommends that the ABA examine closely the work being undertaken in
Canada by the Canadian Bankers’ Association with a view to adopting similar
practices.
Recommendation 27 Chapter
16, pp. 273–4
The Committee recommends that the Australian Government
continue funding projects such as the Family Income Management Plan. It, however,
recommends that the Australian Government, relevant State and local governments
and the banking industry work with Indigenous communities to map out a plan
that would use the successes already achieved in trials as a platform on which
to build a more coherent and integrated policy for the economic independence of
Indigenous people. The work done by the Tangentyere Council, the TCU and the
Cape York Community should be stepping stones leading to even greater and
lasting success in advancing the economic welfare and independence of
Indigenous Australians.
Recommendation 28 Chapter
16, p. 278
The Committee
recommends that a member from the Indigenous community, who is able to
represent the interests of Indigenous people living in remote areas of Australia,
be appointed to the RTC Board.
In addition, the Committee
recommends that the RTC Board’s Charter be amended to recognise specifically
the need for the provision of services to remote Indigenous communities.
Recommendation 29 Chapter
17, p. 293
The Committee recommends that the
forum established under the banking code of practice, which comprises consumer,
small business and banking industry representatives, meet to consider and
report publicly on the jurisdiction of the Banking and Financial Services Ombudsman
and whether it should be broadened to examine complaints about the difficulties
encountered by consumers in accessing banking services.
Recommendation 30 Chapter
17, pp. 293–4
Rather than suggest the
development and imposition of community service obligations, the Committee has
recommended a number of amendments to the current Banking Code of Practice
which would in effect set down minimum standards of behaviour expected of the
banks. The Committee recommends that the banking industry move quickly to
incorporate them in its code of practice.
The Committee recommends that
while the banking industry is considering amendments to the Banking Code of
Practice, the Australian Government provide further impetus to this process by
consulting with all sectors of the banking industry on progress toward
improving the industry’s code of practice.
The Committee recommends that
should progress falter on the banking industry improving its code of practice,
the Government take a stronger stand by considering imposing community service
obligations on ADIs with an independent regulatory body to monitor and report
breaches of the obligations.
Recommendation 31 Chapter
17, p. 297
The Committee recommends that the
Australian Government consider ways to collect, analyse and publish data on the
state of business activity in rural, regional and remote Australia; the
availability of venture capital or seed funding to these areas; and the
contribution that financial institutions are making to the commercial
development of country Australia.
Recommendation 32 Chapter
17, p. 304
The Committee
recommends that the banking industry look closely at the disclosure
requirements on financial institutions in the UK, USA and Canada
regarding their involvement in providing finance to disadvantaged districts
with a view to developing a disclosure regime for Australian banks. The
intention of the regime would be twofold. Firstly to provide an accurate
picture of the lending practices of banks to disadvantaged areas and secondly
as an incentive for banks to assume a more active and constructive role in
assisting residents in disadvantaged areas, especially in country Australia,
with their financial needs and to help invigorate their local economy.
Recommendation 33 Chapter
17, p. 304
The Committee recommends that the
Department of the Treasury also look closely at the disclosure requirements on
financial institutions in the UK, USA and Canada in regard to their involvement in providing finance
and other assistance to disadvantaged districts. Further that the department:
- monitor and determine whether the disclosure practices adopted by
the banking industry in Australia ensure that adequate information is available
about the contribution that individual financial institutions are making to
assist rural, regional and remote Australia and whether the disclosure regime
is encouraging banks to become more involved in the economic development of
such areas;
- determine whether the introduction of a rating system as
specified in the CRA and outlined in the UK Task Force recommendation to the
Chancellor of the Exchequer would have merit; and
- consider whether disclosure requirements on the activities of
individual financial institutions in rural, regional and remote Australia
should be required by legislation.
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