Profit motive trumped compliance at Westpac
Westpac's disregarding of ASIC guidance on reasonable approaches to credit limit increases placed the bank in more hot water, the Hayne royal commission heard on Friday.The bank also took as long as three years to fully remediate customers known to have been left out of pocket as far back as 2012.Rowena Orr, the senior counsel assisting, told Hayne that a significant cause of misconduct within Westpac's consumer credit business was a "prioritisation of profitability over the recommendations of the regulatory and compliance team." This core value was repeated, wired into the principles of the bonus scheme."A further cause of the misconduct was Westpac's remuneration and incentives scheme, which rewarded bankers for the volume of credit card limit increases that they achieved in a given period," Orr said.William Malcolm, general manager, credit (also once chief risk officer for Westpac's Australian division) was the person dispatched by the bank to agree with or clarify details on a case study relating to more than 180,000 credit limit increases.These increases, Orr explained in her final address, were made "without making reasonable inquiries about the customer's financial position or taking reasonable steps to verify the customer's financial situation."She said that "in the period from September 2012 to December 2014, Westpac relied on an automated process to perform the assessment as to whether the credit limit increase was not unsuitable for the customer. Westpac did not seek further information from customers as to their employment status, income or non-Westpac debts."Turning to Westpac's dealings with the corporate regulator, Orr said "the evidence establishes that despite being aware from September 2012 that ASIC expected banks, including Westpac, to make inquiries about employment status and current income as a minimum before offering a credit limit increase, Westpac chose to ignore ASIC's guidance until late 2014. "Westpac relied on an automated process to assess suitability of credit card limit increases for customers, including in circumstances where it was aware, or ought to have been aware, that such a process may not take into account the customer's current employment status, current income or current debts. "Westpac made no attempt to assess whether credit card limit increases met the needs of the customers."