CBA, NAB and Westpac set to miss royal commission deadline
Financial services royal commissioner Kenneth Hayne yesterday issued a warning to Australian financial institutions after he revealed some large financial institutions would not be able to meet his request to furnish details of misconduct occurring in their businesses since 2013.Commissioner Hayne wrote to selected financial institutions in December and the first week of February requesting details about misconduct in their organisations, but Banking Day can reveal that three major banks - CBA, Westpac and NAB - are set to miss today's deadline for submission.The royal commissioner did not name the three institutions but industry sources confirmed to Banking Day that CBA, Westpac and NAB were likely to file incomplete submissions to the royal commission at the end of today (Tuesday February 13).It is believed the three banks will each seek extensions of time to lodge additional information.ANZ is the only major bank not likely to seek an extension.Commissioner Hayne indicated that there could be repercussions for large institutions unable to meet the deadline."That a request for details of events of misconduct as defined in the terms of reference identified during the last five years cannot be met within the time sought, even though the initial request for that information was made approximately two months ago, is itself a matter to which further attention may have to be given," he told the first hearing of the commission."Whether it is, will be a matter for debate at a later time."?A CBA spokesperson said the bank was "working" to the meet the information request."We welcome the opening statements from the royal commission and are working positively and constructively to meet its requests for information," the spokesperson said."This is part of our responsibility and stated intention to be open, transparent and co-operative with the commission."NAB's chief legal counsel, Sharon Cook, said the bank was doing all it could to comply with the deadline."NAB is committed to fully co-operating with the royal commission and we are doing everything possible including devoting substantial resources to meet the timeframes of the Commission's requests for information and questions," she said.Commissioner Hayne told the hearing that the royal commission had set an earlier deadline for financial institutions to lodge submissions about misconduct than public submissions because it might help "identify whether there is a gap between what industry participants now say is relevant conduct and what members of the public see as being relevant".The royal commissioner also warned financial institutions against activating confidentiality provisions in dispute settlement agreements as way to deter members of the public from giving evidence to the commission."…Any institution which sought any form of legal redress against a member of the public or a whistleblower seeking to volunteer information to the commission in anticipation of the possible exercise of the commission's coercive powers would be taking a step which would very likely provoke two immediate consequences," he told the hearing."First, the commission would be likely indeed to exercise compulsory powers to secure the information in question."Second, the very fact that an institution sought to inhibit or prevent