CHAPTER 46 Our Customer Advocate We will have a Customer Advocate in our bank 193.

CHAPTER 46 Our Customer Advocate We will have a Customer Advocate in our bank 193. We will have a Customer Advocate in our bank to help facilitate fair customer outcomes and minimise the likelihood of future problems. The Australian Banking Association’s Guiding Principles for Customer Advocates are available at: ausbanking.org.au CHAPTER 47 If you have a complaint about us You can access free internal and external dispute resolution processes 194. If you have a complaint, contact us in the first instance 195. If we are unable to resolve your complaint to your satisfaction, we will give you information on how you can take your complaint to the Australian Financial Complaints Authority (AFCA). 196. Both our internal dispute resolution process and external dispute resolution provider will comply with ASIC guidelines. We will publicise our dispute resolution processes 197. We will publish, and make readily available, information about our internal dispute resolution processes and our external dispute resolution provider through: a) our branches; b) our telephone banking services; and c) our websites or other digital platforms. Farm debt mediation 198. Before we enter into a farm debt mediation with you, we will inform you that you may have a right, as an alternative to farm debt mediation, to make a complaint to our external dispute resolution provider. 199. If we do not reach an agreement at a farm debt mediation and you then decide to make a complaint to our external dispute resolution provider, we will give our consent for the external dispute resolution provider to consider the complaint. This paragraph only applies where your complaint would have been excluded by our external dispute resolution provider because it had previously been the subject of a farm debt mediation. CHAPTER 48 How we handle your complaint We will be fair and reasonable and will keep you informed 200. We will ensure our process for handling your complaint is fair and reasonable. 201. We will keep you informed of the progress of your complaint. 202. We will give you the name of a contact person who is handling your complaint and a way to contact them. Responding to your complaint 203. When we have completed our investigation, we will provide you a written response, which will include: a) the outcome of our investigation of your complaint; b) your right to take your complaint to our external dispute resolution provider; and c) the name and contact details of our external dispute resolution provider. 53 Timeframes for handling your complaint 204.If we resolve your complaint to your satisfaction, or have given you an explanation and/or apology when we can take no further action to reasonably address your complaint, within five business days, we do not need to provide you with a written response as outlined in paragraph 203, unless you ask us. This paragraph does not apply to a complaint relating to hardship, a declined insurance claim or the value of an insurance claim. 206. If we are unable to resolve your complaint within 30 days (or within 21 days if it involves a hardship notice, default notice or request to postpone enforcement), we will: a) tell you the reasons for the delay; b) tell you the date by which you can reasonably expect to hear the outcome of our investigation; and c) give you monthly updates on the progress; d) tell you about your right to complain to AFCA if you are dissatisfied; and e) provide you with contact details for AFCA. However, for complaints involving hardship notices or postponement of enforcement, exceptions apply to the 21 day timeframe if we do not have sufficient information to make a decision or we reach an agreement with you. If we require further information from you then we will request it within 21 days of receiving the complaint. CHAPTER 49 Code monitoring, complaints and sanctions Code complaints, monitoring and sanctions 207. We have established an independent code monitoring body, the Banking Code Compliance Committee (BCCC), to monitor our compliance with this Code. Members of BCCC 208. The independent BCCC, established under this Code, is comprised of the following members: a) an independent chairperson - appointed jointly by AFCA and the ABA; and b) a consumer representative – appointed by consumer representatives on the Board of AFCA; and c) a banking representative – appointed by the ABA. The BCCC acting unanimously will appoint, on terms it thinks appropriate, a person or a panel of persons, with expertise in small business and/or agribusiness to act as a consultant on small business and agribusiness issues. The consultant will provide advice on small business/agribusiness matters where requested by the BCCC. You can contact the BCCC about a breach of this Code 209. If you want to report an alleged breach of this Code you can contact the BCCC. 210. If you have a specific dispute with your bank that involves a breach of this Code, you should contact your bank in the first instance, and then your bank’s external dispute resolution provider. 54 Powers and role of the BCCC 211. In relation to the Code, the BCCC has the following powers: a) monitor and oversee compliance with the Code; b) investigate any allegation of a Code breach noting its priority pursuant to its charter; c) as appropriate, investigate serious or systemic breaches; d) request information from subscribing banks and other stakeholders; e) make findings and recommendations on Code breaches; f) apply sanctions; g) provide guidance and reports; and h) undertake other functions and responsibilities as reasonably determined from time to time. In addition, the BCCC will endeavour to: i) drive improvements in compliance with the Code to achieve best practice; and ii) promote awareness of the Code and the role of the BCCC through engagement with key stakeholders. When the BCCC is undertaking its investigation function it will prioritise its efforts on monitoring and public assurance. Prioritising investigative effort will have regard to factors such as: number of customers affected, severity of breach and public interest. BCCC resources 212. The ABA will ensure that the BCCC has sufficient resources and funding to carry out its functions. More information on the BCCC is available in its charter on the BCCC website. We will comply with requests of the BCCC 213. We will co-operate and comply with all reasonable requests of the BCCC in the performance of its monitoring and investigative activities. BCCC Powers and Sanctions 214. The BCCC has the power to apply sanctions to a Code subscriber for a breach of this Code where a finding has been made that: a) the breach is serious or systemic; b) the bank has failed to act on the BCCC’s request to remedy a breach, or failed to do so within a reasonable time; c) there has been a breach of an undertaking given to the BCCC; d) the bank has not taken adequate steps to prevent a serious or systemic breach from reoccurring; or e) the bank has not co-operated and complied with reasonable requests of the BCCC in the performance of its monitoring and investigative activities. 215. The BCCC may impose one or more sanctions after considering the seriousness of the breach. Sanctions available to the BCCC are: a) requiring the bank to rectify or take corrective action on the breach identified; b) requiring a bank to undertake a compliance review of our remediation actions; c) formally warning a bank; d) requiring a bank to undertake a staff training program on the Code; e) naming a bank in the BCCC annual report or website; and f) reporting serious or systemic ongoing instances where a bank has been non-compliant to ASIC. 55 ABA The incorporated entity named Australian Banking Association or by an approved change of name ACCC Australian Competition and Consumer Commission AFCA Australian Financial Complaints Authority ASIC Australian Securities and Investments Commission ATM Automatic teller machines BCCC Banking Code Compliance Committee BSB Bank State Branch NCC National Credit Code Acronyms 56 ‘the Code’ The 2019 Banking Code of Practice as published by the ABA at the commencement date. Asset finance Financial accommodation provided by us: (a) for the acquisition, lease, rental, hire purchase or otherwise of a tangible asset that is not land; and/or (b) to fund the payment of any insurance products acquired in connection with that asset. Australia Includes the coastal sea of each jurisdiction but does not include an external territory. Bank Means a corporation authorised by law to carry on the general business of banking in Australia and that is authorised under the Banking Act 1959 to use the word ‘bank’ or a similar expression in its name. Card scheme Mastercard, Visa, eftpos, American Express, Union Pay or Diners Club. Commencement date The date that we first subscribe to the Banking Code of Practice. Commercial asset financing Asset finance provided by us to a business. Commercial asset financing guarantor A guarantor that is a director, shareholder or manager of a company, that has provided a guarantee for the company’s commercial asset financing. Definitions 57 Complaint An expression of dissatisfaction made to us in relation to a banking service, or the complaints handling process itself, where a response or resolution is explicitly or implicitly expected. Consumer credit insurance Insurance that provides cover if you can’t meet the repayments on your loan because you lose your job, you are sick or injured, or you die. Days Calendar days. Default You are ‘in default’ if you fail to meet any of the terms and conditions of the contract. Default based action Exercising a legal or contractual right as a direct result of an event of default. Device A device given by us to you that is used to perform a transaction. Examples include, ATM card, debit card or credit card, contactless device. Director guarantor A guarantor of a loan who is a director of a company which is to be the debtor for the loan. Dispute Has the same meaning as complaint. eftpos Proprietary or domestic debit cards managed by eftpos Payments Australia Limited. Enforcement proceedings For a small business: a) commencing proceedings in a court to recover a debt or to recover possession of property subject to security; or b) otherwise enforcing security by taking possession (or seeking to take) of security property, exercising a power of sale over security property, appointing receivers or receivers and managers, appointing voluntary administrators, or making application to a court for the appointment of provisional liquidators or the appointment of a trustee in bankruptcy; or c) enforcing a judgment against you, a guarantor, or your or their assets. 58 Financial Counsellor “Financial Counsellor” means a financial counselling agency (including an organisation or individual) entitled to the benefit of an exemption under either the ASIC Corporations (Financial Counselling Agencies) Instrument 2017/792 or ASIC Credit (Financial Counselling Agencies) Instrument 2017/793. Loan The credit or financial accommodation provided to you under the banking service, including, but not limited to, credit facility, credit contract, loan facility, home loan, personal loans, bill facilities, overdrafts, commercial asset finance. Merchant A provider of goods and services. National Credit Code Means the National Credit Code set out in Schedule 1 of the National Consumer Credit Protection Act 2009. Related entity As defined in section 9 of the Corporations Act 2001 (Cth). Security Includes, without limitation, mortgage of and a security interest within the meaning of the Personal Property Securities Act 2009. Sole director guarantor A guarantor of a loan who is a director of a company that has only one director, and that company is to be the debtor for the loan. Standard fees and charges Fees and charges normally charged by us in respect of a banking service. Terms and conditions Terms and conditions specifically applied by us to a banking service, but does not include any other terms and conditions that may apply by operation of law. Trustee guarantor A guarantor of a loan where the guarantor and the debtor are the same person, and that person is acting as trustee of a trust in one of these roles and is acting in their personal capacity in the other role. 59 Unauthorised transaction A transaction that is not authorised by you. Vehicle asset financing Asset finance provided by us to an individual that is not a business, in relation to a motor vehicle and/or any related insurance products. Vehicle asset finance guarantor A guarantor who has provided a guarantee for the vehicle asset finance of an individual that is not a business. 60 Transitional period Application to Banking Services This Code will apply to every banking service for which you enter into an agreement with us on or after the transition date. For ongoing banking services that we were providing you as at the transition date or where documentation was sent to you before the transition date: a) the terms and conditions of that banking service need not comply with this Code, and will continue to apply even if they are inconsistent with this Code. If we provide you with revised terms and conditions after the transition date, those revised terms and conditions will comply with this Code; b) this Code applies where it relates to matters that are not specifically dealt with in the terms and conditions of that banking service; c) this Code does not affect things we did in relation to that banking service before the transition date. If our banking service arrangements with you as at the transition date complied with Release 1, or with the 2013 Code as contemplated by Release 1, they will continue to comply with this Code even if this Code would have required something to be done differently. Application to guarantees This Code will apply to every guarantee which you enter into on or after the transition date. For guarantees that you entered into before the transition date or where documentation was sent to you before the transition date: a) the terms and conditions of that guarantee need not comply with this Code, and will continue to apply even if they are inconsistent with this Code. If we provide you with revised terms and conditions after the transition date, those revised terms and conditions will comply with this Code; b) if after the transition date we ask you to increase the limit of your guarantee, we will comply with the relevant provisions of this Code; c) this Code applies where it relates to matters that are not specifically dealt with in the terms and conditions of that guarantee; d) this Code does not affect things we did in relation to the guarantee before the transition date. If our guarantee arrangements with you as at the transition date complied with Release 1 or with the 2013 Code as contemplated by Release 1, they will continue to comply with this Code even if this Code would have required something to be done differently. 2013 Code The 2013 Code or Release 1 will not apply to any banking service or guarantee to the extent that this Code applies.