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Abstract
Chapter 45 of the Stage 2 Key Code and Advanced Handbook examines the risk management function beginning with APRA’s requirements for the second line of defence risk management function.
There follows other functions and responsibilities of the second line of defence including second line of defence variables, risk identification variables and monitoring variables. We then examine the Westpac second line of defence monitoring variables, second line of defence skills, capabilities and stature and the Westpac Reassessment on second line frameworks, controls and standards. We continue with APRA’s failings in operational and compliance risk policies, frameworks and management, the Westpac common risk and control language, Westpac’s process to regularly review, assess and test controls and Westpac’s identification of new, emerging and heightened risks. We conclude this section of the Chapter with risk reporting of the second line risk management function.
Section 45.2 examines the Enterprise Risk Management (ERM) framework and shortcomings in ERM practice. Section 45.3 reviews resources for risk management.
Section 45.4 then moves to examine risk identification, monitoring and control with an introduction to internal controls. Section 45.5 is an introduction to communication of risk including principles for identification, escalation/communication and disclosure of risk:
at customer level;
at the first-line of defence business unit level;
at the second line of defence risk management function level;
at whistleblower level; and
at the board level reporting to shareholders and the external market/stakeholders.
Section 45.6 examines escalation of risk information upwards through ‘red flags’ including reporting lines of the CRO.
There follows discussion of the failure of ‘red flags’ as a failure in board’s oversight of risk management, failure by senior management to escalate ‘red flags’ or information upwards to the board and failure by the second-line risk management function to escalate ‘red flags’ or information upwards to the board including communication in corporate hierarchies with unitary boards. The latter includes two steps – the second-line ‘red flag’ functions and second-line principles for communication of risk.
Section 45.10 reviews the APRA and Westpac Review Team 2018 identification of failures to escalate ‘red flags’ from staff including APRA issue identification, escalation and resolution and Westpac issues and incidents identified by Westpac employees.
Section 45.11 examines APRA and the Westpac Review Team 2018 identification of failures to escalate ‘red flags’ from customers including:
Westpac customer complaints;
Westpac identification of systemic customer complaints;
Westpac customer complaint reporting;
Westpac escalation of customer complaints; and
Westpac identification of vulnerable customers.
In Sect. 45.12 we review APRA and the Westpac Review Team 2018 identification of failures to escalate ‘red flags’ from regulators and whistleblowers.
Section 45.13 reviews the APRA identification of failures in financial objectives and prioritisation.
There follows in Sect. 45.14 a discussion of compliance as part of the second line of defence including the effectiveness of the compliance function.
Chapter 45 concludes in 45.15 with APRA’s identification of failings in accountability and responsibility including:
the approach to governance variables for failings in accountability and responsibility;
the governance variables themselves for failings in accountability and responsibility; and
APRA’s recommendations for accountability.
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Australian Prudential Regulation Authority, Prudential Standard CPS 220 Risk Management, July 2019, accessed 22 September 2019, available at https://www.apra.gov.au/sites/default/files/cps_220_risk_management_effective_from_1_july_2019.pdf (‘CPS 220’), sections 37–42, pp 10–11. In addition to finalisation of APRA’s Draft Prudential Standard 511 Remuneration, APRA has announced that it intends to consult on revised versions of Prudential Standard CPS 510 Governance, Prudential Standard CPS 220 Risk Management and Prudential Standard 520 Fit and Proper in the second half of 2020 with expected effective dates of 2022. See Australian Prudential Regulation Authority, Information Paper, APRA’s Policy Priorities, section 2.1.1 Governance and risk management, section 2.1.3 Accountability and Attachment B: Timelines.
Francesco de Zwart, Enhancing Firm Sustainability Through Governance, The Relational Corporate Governance Approach, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, Corporations, Globalisation and the Law Series, July 2015, (‘Stage 1’). See Board – Director Skills ‘Mix’ – see discussion in section 7.3.1.2.1 of Stage 1, pp 198–201.
For Stage 1, see also, Francesco de Zwart, “Enhancing firm sustainability through governance – Part 1: The challenge of corporate governance” (2018) 33(2) Aust Jnl of Corp Law 144 and Francesco de Zwart, “Enhancing firm sustainability through governance – Part 2: The framework of the relational corporate governance approach” (2019) 34(1) Aust Jnl of Corp Law 27.
The Bank for International Settlements, The Basel Committee on Banking Supervision, Guidelines, Corporate Governance Principles for Banks, July 2015, accessed 21 March 2017 at http://www.bis.org/bcbs/publ/d328.htm, (‘BCBS Guidelines 2015’), Para 105, p 25.
Banks – Board Oversight of Risk Management – Failure to Escalate Problems or Red Flags – Reduction in Information Flow – Reduction in Quality of Risk Management and Internal Monitoring and Decision-making – Reduction in Quality of Accountability/Responsibility, coverage/rating − 8/100.00 rprox. See discussion in Sect. 38.6 above.
Ibid, Chapter 4, Shortcomings in culture, governance and accountability frameworks and practices, Table 1, 3. Risk boundaries, frameworks and capabilities, p 16.
OECD Steering Group on Corporate Governance, Corporate Governance and the Financial Crisis: Key Findings and Main Messages, June 2009, approved for publication 29 May 2009, accessed 12 April 2017 at www.oecd.org/corporate/ca/corporategovernanceprinciples/43056196.pdf, (‘OECD Key Findings 2009’), p 38 citing R Anderson, Independent Governance: Risk and Assurance, Consultants Report for the OECD, 2009.
Grant Kirkpatrick, The Corporate Governance Lessons from the Financial Crisis, Report of the OECD Steering Group on Corporate Governance, 11 February 2009, Financial Market Trends, Vol 2009/1, ISSN 1995-2864, accessed 27 March 2017 at http://search.oecd.org/finance/financial-markets/42229620.pdf, (‘OECD Kirkpatrick Report 2009’), Box 1, An enterprise risk management framework, p 7 citing Committee of Sponsoring Organisations of the Treadway Commission.
IIF Final Report 2008, above n 11, Principle III, Liquidity Risk, Conduit, and Securitisation Issues, Principles III.i–III.vi and Recommendations III.1–III.19, pp 52–70.
Ibid, Principle V, Credit Underwriting, Ratings, and Investor Due Diligence in Securitisation Markets, Principles V.i–V.ix and Recommendations V.1–V.20, pp 85–97.
IIF Final Report 2008, above n 11, Section B, Risk Management Methodologies and Procedures, Principles I.iv–I.vi and Recommendations I.26–I.44, pp 39–44. See also Section C, Stress-Testing Issues, Principles I.vi–I.viii and Recommendations I.45–I.58, pp 45–48.
OECD Directorate for Financial and Enterprise Affairs, OECD Steering Group on Corporate Governance, Corporate Governance and the Financial Crisis, Conclusions and emerging good practices to enhance implementation of the Principles, 24 February 2010, accessed 11 May 2017 at www.oecd.org/corporate/ca/corporategovernanceprinciples/44679170.pdf, (‘OECD 2010 Conclusions and Practices’), Para 42, p 15 (footnotes omitted).
Shann Turnbull and Michael Pirson, “The Future of Corporate Governance: Network Governance – A Lesson from the Financial Crisis”, Fordham University Schools of Business Research Paper No. 2010–010, (15 March 2010), accessed 5 April 2017 at SSRN: http://ssrn.com/abstract=1570924, 1.