ABA issues domestic violence guidance
Banks will recognise domestic violence as a factor contributing to financial hardship and will work with customers suffering from financial abuse to help them take control of their finances, under a new industry standard.The Australian Bankers Association has issued new guidelines for its members on how bank staff can do a better job helping customers caught up in domestic violence.The ABA guide, Financial Abuse and Family and Domestic Violence Policies, says financial abuse is a form of domestic violence and is often accompanied by intimidation, controlling behaviour and violence. It may continue after an individual has left an abusive partner.Financial abuse means denying a person financial autonomy by restricting access to bank accounts and financial records.It may also involve threats to withhold financial support, coercion to relinquish assets, exclusion from financial decision-making, and fraudulent use of a partner's personal information to obtain credit.The ABA guide says bank staff who find a customer in such a situation should ensure that the customer's contact details are secure and confidential. Contact with a joint account holder should not include such information.Banks should support customers by helping them set up new accounts or change their access codes. They should ensure the customer is not required to make direct contract with their abuser to manage banking matters.Where possible, a customer who is subject to financial abuse should deal with the same staff member at each contact. Account documents should be provided without charge. Customers should be offered referrals to financial counsellors and interpreters. If the customer appoints an agent the bank should work with the agent (privacy obligations permitting).To help customers regain control of their finances banks should accept verbal instructions to amend the operating instructions for joint accounts. They should accept a financial hardship request from a joint borrower without the consent of the co-borrower.Depending on the circumstances, the bank may take action to pursue one co-borrower for a debt without pursuing the other.The standard also covers training requirements, collection arrangements, credit reporting and customer education.