Government expands financial services inquiry

The Coalition government has expanded the inquiry into the financial services sector and the Royal Commission implementation.  From InvestorDaily

Treasurer Josh Frydenberg has asked the House of Representatives Standing Committee on Economics to inquire into progress made by financial institutions in implementing the recommendations of the Hayne Royal Commission. 

Ten recommendations were made by Commissioner Hayne in his final report directed towards the industry with the inquiry expected to learn how that implementation is progressing. 

Commissioner Hayne made a total of 76 recommendations but made it clear that primary responsibility for misconduct in the financial sector lies with the institutions concerned and their boards and senior management.

The remit of the inquiry has also been expanded to include other major relevant financial institutions and leading financial services associations. 

The inquiry will complement the continuation of the broader inquiry into the four major banks which was announced in 2016. 

The inquiry will provide further transparency to the public on the work the institutions are doing in implementing the Royal Commission recommendations.

The government hopes that in doing so it will contribute to restoring community trust in the sector. 

Credit squeeze is supply-driven, says Elliott

ANZ CEO Shayne Elliott has told a parliamentary inquiry that banks triggered the credit downturn impacting the supply of housing finance, via InvestorDaily.

Softening conditions in the credit and housing space has sparked debate among market analysts regarding the cause of the downturn, with some stakeholders, including governor of the Reserve Bank of Australia (RBA) Phillip Lowe claiming that the “main story” of the downturn is one of “reduced demand for credit, rather than reduced supply”.

Mr Lowe claimed that falling property prices have deterred borrowers, particularly investors, from seeking credit.

According to the Australian Prudential Regulation Authority’s latest residential property exposure statistics for authorised deposit-taking institutions, new home lending volumes fell by $25.1 billion (6.5 per cent) over the year to 31 December 2018. The decline was driven by a sharp reduction in new investment lending, which dropped by $17.7 billion (14 per cent), from $126.9 billion to $109.2 billion over the same period.

However, the ANZ CEO has told the House of Representatives’ standing committee on economics that he believes the downturn in the credit space has been primarily driven by the tightening of lending standards by lenders off the back of scrutiny from regulators and from the banking royal commission.  

Liberal MP and chair of the committee Tim Wilson asked: “Is the reported credit squeeze more demand-driven by borrowers pulling back or supply-driven by banks being more conservative?”

To which Mr Elliott responded: “This is a significant question that’s alive today, and there are multiple views on it. I can’t portion between those two. 

“I’m probably more in the camp that says conservatism and interpretation of our responsible lending obligations and others has caused a fundamental change in our processes, and that has led to a tightening of credit availability.

“It’s a little bit ‘chicken and egg’,” Mr Elliott added. “If people find it a little bit harder to get credit, they might step back from wanting to invest in their business or buy a home, so I think they’re highly correlated, but I do think banks’ risk appetite has had a significant impact.” 

Mr Elliott said that “vagueness and greyness” regarding what’s “reasonable” and “not unsuitable” as part of the responsible lending test have left the law to the interpretation of lenders.

“Unfortunately, we haven’t always had the benefit of a significant amount of precedence or court rulings on some of those definitions, so we’ve done our best,” he said.

“I think the processes recently, the questions that this committee has asked, the questions in the royal commission, have started a debate, not just with the regulators but with the community about what is the real definition of [responsible] lending.” 

He added: “As a result of that, we’ve become more conservative in our interpretation, and so we’ve tightened up, [and some] Australians will find it a little bit harder to either get credit or get the amount of credit that they would have otherwise had in the past or would like.

“I’m not suggesting for a minute that it’s wrong, it’s just the reality.”

Westpac denies offering ‘bundled services’ to win BT customers

Westpac chief executive Brian Hartzer has denied claims that Australian employers are offered special deals from the bank if BT becomes the default superannuation provider for employees, via InvestorDaily.

Appearing at the House of Representatives Standing Committee on Friday, Mr Hartzer was questioned about the major bank’s superannuation offering through BT Financial.

Labor MP Matt Thistlethwaite asked the Westpac CEO about reports that employers could be prosecuted for the underperforming retail super funds that manage staff retirement savings. 

Mr Thistlewaite referred specifically to a 21 January news article in The Australian that noted Westpac’s BT super fund was one of the worst performing super funds in the last seven years. 

“The article points to ‘bundled services’ for the business behaving employees in your BT retail fund. What are those bundled services?” the MP asked. 

Mr Hartzer said he was not familiar with the news article. 

“I’m assuming that bundled services means you provide concessions to the employer on other banking products for bringing them into BT’s fund?” Mr Thistlethwaite said. 

Mr Hartzer replied: “We checked quite closely and that is not our practice. The corporate super that is offered up is meant to be on a competitive basis for the services provided. We don’t provide inducements in terms of banking.”

Concerns over the relationship between retail super funds and employers were raised by the Productivity Commission in its report into the superannuation sector. Released in January, the report recommended the creation of a ‘best in show’ list of funds for employees to choose from. 

In December last year, The Australian reported that ASIC commissioner Danielle Press said the regulator would crack down on employers who placed employees in poor-performing funds in exchange for “bundled services” that were provided to them by the banks and finance companies that owned the funds.

“We’ve got to look at the role of employers in the default system and how they are making their decisions on what funds are their default funds,” Ms Press told The Australian.

“At the end of the day, consumers are disengaged. There’s no obligation on employers to make that default choice in the best interest of their employees.”

Parliament to continue bank scrutiny

The royal commission may be over but Canberra’s scrutiny of Australia’s four major banks is still underway with another round of hearings planned for March; via InvestorDaily.

The House of Representatives Standing Committee on Economics will conduct public hearings in March as part of its ongoing investigation into the banks.

The committee has already held four rounds of hearings as part of its review and has made a suite of recommendations for reform.

Some of the recommendations have been adopted by the government, like the set up of AFCA and the BEAR regime as well as increased resources for the ACCC.

The committee also recommended the establish of the open banking regime, which will come into force later this year, that will make it easier for bank start-ups to enter the sector.

The committee is led by chairman Tim Wilson who said the hearings were important in the wake of the royal commission.

“These hearings provide an important mechanism to hold the four major banks to account before the Parliament.

“These hearings will, in particular, provide an opportunity to scrutinise the banks on the findings of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry,” he said.

Mr Wilson is currently under fire from the Labor party for his position as chairman of the committee due to his franking credit investigation.

Mr Wilson has been accused by Labor MP Matt Thistlethwaite of using the hearings to lobby and recruit for the liberal party.

“It’s unethical and an improper use of taxpayer funds.

“They were handing out fliers and encouraging members of the audience at the Sunshine Coast based forum to join the national Liberal Party,” said Mr Thistlethwaite.

Mr Thistlethwaite in the past has called the inquiry an abuse of the committee process.

“Liberal MPs are using taxpayer dollars to run around the country encouraging people to do their part and undermine Labor policy,” he said.

Tim Wilson has also been accused of unethical behaviour by Labor after a leaked audio tape allegedly had fund manager Geoff Wilson of Wilson Asset Management boasting about speaking to Mr Wilson MP.

The leaked audio had Mr Wilson telling investors that it would be nice if one of the hearings was on the same day as his own upcoming franking credit roadshow where he dismissed labor policy.

“I was saying it would be nice if one of the hearings could be on a day, we are doing a roadshow. Then we could do a little protest, we could have our placards and we could walk down there.”

There was indeed a parliamentary hearing at the same time as the roadshow; however, the audio as revealed by the Sydney Morning Herald did not include any indication that this was due to any conversation between Geoff Wilson and Tim Wilson.

Further there was alleged indiscretion because of Mr Wilson’s investments in a Wilson Asset fund; however, this is listed on Mr Wilson’s register of parliamentary interests.

Mr Wilson said the work of the inquiry was for the people of Australia and was necessary in assessing the impact what a franking credit regime change could have.

“There’s a material impact on their quality of life as a result of a change of law.

“What we’ve heard across the country is people will lose 20–30 per cent of their income regardless of who they are.”

RBA Statement To House of Representatives Standing Committee on Economics

The latest statement from Governor Philip Lowe continues the theme, of better global economic news, stronger employment, but weak wage growth, and high household debt. He says, ” it would be a good outcome if we now experienced a run of years in which the rate of growth of housing costs and debt did not outstrip growth in our incomes in the way that they did over the past five years”.

Since we last met in August, the improvement in the global economy has continued and forecasts for world growth have been revised up. Rather than just one or two economies doing better, the improvement has been broadly based, with a synchronised upswing taking place. Partly as a result, both international trade and commodity prices have picked up and this is helping the Australian economy.

The stronger economic growth has resulted in unemployment rates falling further. In a number of countries, the unemployment rate is now below conventional estimates of full employment. Inflation has remained low, partly reflecting the fact that wage growth has been quite subdued despite the low unemployment rates. Low inflation has meant low interest rates. And for much of past year, volatility in asset prices was also unusually low.

Over recent times, many investors have been proceeding on the basis that this combination of strong growth, low unemployment, low inflation and low interest rates would persist. Many also expected the low volatility in asset prices to continue. A couple of weeks ago we saw a re-evaluation of some of these assumptions by some investors, with the catalyst being a pick-up in wage growth in the United States. The result has been an increase in bond yields, a decline in equity prices and increased market volatility.

While the exact timing of changes in investors’ assumptions is difficult to predict, the fact that some reassessment took place, at some point, is not that surprising. Above-trend growth at a time of low unemployment should be expected to see inflation lift, even if that lift is gradual because of factors that are affecting wage and price pressures globally. To add to the mix, fiscal policy in some countries, most noticeably the United States, is becoming more expansionary. So I expect rising inflation pressures will figure more prominently in discussions of the global economy than they have for some time.

Another important international influence on our economy is what happens in China. Like other economies, China is benefiting from the global upswing. At the same time, there are ongoing efforts to increase the sustainability of China’s economic growth, both in terms of its financing and the environment. These efforts are affecting both the structure of finance in the Chinese economy and commodity markets. The Chinese authorities face the difficult challenge of getting the balance right between containing medium-term risks and supporting near-term growth, and we continue to watch developments there closely.

I would now like to turn to the Australian economy. On balance, the news over the summer has generally had a more positive tone than it has had for a while. For some time we had been expecting GDP growth to be a bit stronger in 2018 and 2019 than in the recent past. The recent data have been consistent with this. Over this year and next we expect GDP growth to be a bit above 3 per cent, which is faster than our current estimate of trend growth for the Australian economy. This outlook has not been affected by the recent volatility in the equity market.

The Australian labour market has been noticeably stronger than we were expecting, which is good news. Over the past year, the number of people with a job increased by 400 000, and there has been a marked increase in the participation rate for women. We don’t expect a repeat of these very strong outcomes in 2018, but we do expect employment growth to be fast enough to see a further gradual reduction in the unemployment rate. The unemployment rate, though, is likely to remain above conventional estimates of full employment in Australia for some time.

A range of business indicators have also improved since we last met. Business conditions have lifted and so too has the outlook for capital expenditure. It would be an exaggeration to say that animal spirits have fully returned, but the mood has certainly brightened in much of the business community. There are a number of reasons for this, but in parts of the country the lift in mood is being helped by the large infrastructure projects underway. Not only are these projects creating jobs today, but they are building much needed productive capacity for the future.

Against this general backdrop of improving conditions, one uncertainty remains the strength of consumer spending. In the September quarter, spending growth was quite weak, especially for discretionary items. More recently, the retail trade figures have been better and suggest a stronger outcome for the December quarter.

Most households are experiencing only slow growth in their incomes and many expect that this will continue for some time yet. This lowering of expectations about income growth is likely to be affecting spending, especially in an environment of high levels of household debt. A pick-up in income growth, by way of ongoing increases in jobs and stronger wage growth should help here.

We continue to look carefully at household balance sheets. On balance, our assessment is that there has been some containment of the build-up of risk in this area. This is a positive development. Lending standards are stricter than they were previously and there has been a welcome decline in the share of interest-only loans, following measures taken by APRA. Housing credit growth has also slowed a bit, especially to investors. In the property market, prices are no longer rising in Sydney, and have fallen for higher-priced houses. The Melbourne market has also cooled somewhat. Increased supply of housing, changes in the nature and availability of financing, and some reduction in foreign demand have all played a role. While the Reserve Bank does not target housing prices or household debt, it would be a good outcome if we now experienced a run of years in which the rate of growth of housing costs and debt did not outstrip growth in our incomes in the way that they did over the past five years.

In terms of CPI inflation, the picture is pretty much the same as it was when we met six months ago. Inflation, in headline and underlying terms, is still running at a little under 2 per cent. This is higher than the inflation rate a year ago, but inflation does remain low.

The most recent data confirmed themes that we have been seeing for some time. Strong competition from new entrants and changes in retailers’ business models are putting downward pressure on the prices of consumer durables and groceries. The prices of many of these goods are lower than they were a few years ago. This is good news for consumers, although not for some retailers. We do expect to see some lessening of this downward pressure on prices at some point, although not for a while yet.

The second ongoing theme is higher prices for utilities and tobacco. Both of these have added materially to the CPI over the past year, and further increases are expected.

The third theme is the subdued increase in wages feeding through into subdued price increases, particularly for a range of market services. This, too, is likely to continue for a while yet.

We have discussed on previous occasions the reasons for the subdued wage increases. These include the continuing spare capacity in the economy after the unwinding of the mining investment boom; the heightened sense of competition due to globalisation and technological change; and changes in bargaining arrangements. These factors are still at work, although through our liaison program we hear reports of pockets where the labour market is tight and firms are finding it hard to find workers with the right skills. In some of these areas wages are now rising more quickly than previously, but many firms remain wary of adding to their cost base in the current environment.

Over time, we expect wage growth to pick up as the labour market strengthens further. The pick-up, though, is likely to be gradual. This increase in wage growth and the more general reduction in spare capacity in the economy are expected to contribute to inflation picking up as well. But to continue the theme, this pick-up, too, is expected to be only gradual. This year and next, we expect CPI inflation to be between 2 and 2½ per cent.

As you would be aware, the Reserve Bank Board has held the cash rate at 1½ per cent since August 2016. This represents an accommodative setting of monetary policy, aimed at supporting the economy and employment, and returning inflation towards the mid-point of the medium-term target range. As we have discussed with this Committee on previous occasions, the Board has sought to strike a balance between these benefits of monetary stimulus and the medium-term risks associated with the increase in the already high level of household debt. We have sought to steer a middle course, promoting sustainable growth in the economy.

Over the past year the economy has been moving in the right direction. Progress has been made in reducing unemployment and having inflation return to around the mid-point of the target range. And on the financial side, the build-up of risks in household balance sheets has been contained, although risks there remain.

Over the coming year we expect to make further progress. Our central scenario for the Australian economy is for a further reduction in the unemployment rate and an increase in inflation towards the mid-point of the target range. Of course, this is just the central scenario, and there are other scenarios as well.

But if this is how things play out, at some point it will be appropriate to have less monetary stimulus and for interest rates in Australia to move up, as is already happening in some other countries. In other words, it is more likely that the next move in interest rates will be up, rather than down.

The timing of any future move will depend upon the extent and pace of progress that we make in reducing the unemployment rate and having inflation return to target. As things currently stand, we expect that progress to be steady, but to be only gradual. Given this assessment, the Reserve Bank Board does not see a strong case for a near-term adjustment of monetary policy. We will, of course, keep that judgement under review at future meetings.

House of Representatives Standing Committee on Economics’ report on the Four Major Banks

The report from the Standing Committee was released today.  There are ten recommendations covering a diverse range of issues. Establish a Banking Tribunal, Make Executives Accountable, New Focus On Competition, Empower Consumers, Make New Entrant Access Easier, Force Independent Risk Review, Improve Internal Dispute Resolution and Boost Transparency in Wealth Management. Some of these are significant.

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Recommendation 1.

The committee recommends that the Government amend or introduce legislation, if required, to establish a Banking and Financial Sector Tribunal by 1 July 2017. This Tribunal should replace the Financial Ombudsman Service, the Credit and Investments Ombudsman and the Superannuation Complaints Tribunal.

The Government should also, if necessary, amend relevant legislation and the planned industry funding model for the Australian Securities and Investments Commission, to ensure that the costs of operating the Tribunal are borne by the financial sector.

Recommendation 2

The committee recommends that, by 1 July 2017, the Australian Securities and Investments Commission (ASIC) require Australian Financial Services License holders to publicly report on any significant breaches of their licence obligations within five business days of reporting the incident to ASIC, or within five business days of ASIC or another regulatory body identifying the breach.

This report should include: a description of the breach and how it occurred; the steps that will be taken to ensure that it does not occur again; the names of the senior executives responsible for the team/s where the breach occurred; and the consequences for those senior executives and, if the relevant senior executives were not terminated, why termination was not pursued.

Recommendation 3

The committee recommends that the Australian Competition and Consumer Commission, or the proposed Australian Council for Competition Policy, establish a small team to make recommendations to the Treasurer every six months to improve competition in the banking sector.

If the relevant body does not have any recommendations in a given period, it should explain why it believes that no changes to current policy settings are required.

Recommendation 4

The committee recommends that Deposit Product Providers be forced to provide open access to customer and small business data by July 2018. ASIC should be required to develop a binding framework to facilitate this sharing of data, making use of Application Programming Interfaces (APIs) and ensuring that appropriate privacy safe guards are in place. Entities should also be required to publish the terms and conditions for each of their products in a standardised machine-readable format.

The Government should also amend the Corporations Act 2001 to introduce penalties for non-compliance.

Recommendation 5

The committee recommends that the Government, following the introduction of the New Payments Platform, consider whether additional account switching tools are required to improve competition in the banking sector.

Recommendation 6

The committee recommends that by the end of 2017: the Government review the 15 per cent threshold for substantial shareholders in Authorised Deposit-taking Institutions (ADIs) imposed by the Financial Sector (Shareholdings) Act 1998 to determine if it poses an undue barrier to entry; the Council of Financial Regulators review the licensing requirements for ADIs to determine whether they present an undue barrier to entry and whether the adoption of a formal ‘two-phase’ licensing process for prospective applicants would improve competition; and APRA improve the transparency of its processes in assessing and
granting a banking licence.

Recommendation 7

The committee recommends that the major banks be required to engage an independent third party to undertake a full review of their risk management frameworks and make recommendations aimed at improving how the banks identify and respond to misconduct. These reviews should be completed by July 2017 and reported to ASIC, with the major banks to have implemented their recommendations by 31 December 2017.

Recommendation 8

The committee recommends that the Government amend relevant legislation to give the Australian Securities and Investments Commission (ASIC) the power to collect recurring data about Australian Financial Services licensees’ Internal Dispute Resolution (IDR) schemes to: enable ASIC to identify institutions that may not be complying with IDR scheme requirements and take action where appropriate; and enable ASIC to determine whether changes are required to its existing IDR scheme requirements.

The committee further recommends that ASIC respond to all alleged breaches of IDR scheme requirements and notify complainants of any action taken, and if action was not taken, why that was appropriate.

Recommendation 9

The committee recommends that the Australian Securities and Investments Commission (ASIC) establish an annual public reporting regime for the wealth management industry, by end-2017, to provide detail on: the overall quality of the financial advice industry; misconduct in the provision of financial advice by Australian Financial Services Licence (AFSL) holders, their representatives, or employees (including their names and the names of their employer); and consequences for AFSL holders’ representatives guilty of misconduct in the provision of financial advice and, where relevant, the consequences for the AFSL holder that they represent.

The committee further recommends that ASIC report this information on an industry and individual service provider basis.

Recommendation 10

The committee recommends that, whenever an Australian Financial Services Licence (AFSL) holder becomes aware that a financial advisor (either employed by, or acting as a representative for that licence holder) has breached their legal obligations, that AFSL holder be required to contact each of that financial advisor’s clients to advise them of the breach.