Key Code and Advanced Handbook for the Governance and Supervision of Banks in Australia (eBook)

This Key Code and Handbook examines the corporate governance and accountability of Major Banks, their directors and executives which were the central focus of bank, Supervisor, Regulator and governmental activity and public scrutiny in 2018 and 2019. This book explores this responsibility focus by providing evidence from the Global Financial Crisis and beyond with both APRA and ASIC investigating illegal conduct, misconduct and conduct which was below the level of community expectations. This book discusses how the Royal Commission into misconduct in the banking and financial services industry has already given rise to a detailed Final Report whose recommendations are still being put into effect.  Further, this book uses evidence provided by the large number of Prudential Standards issued by APRA and investigations into the conduct of Major Banks by Regulators.  

This book explores governance variables - over 1,700 in number and grouped into 159 'key groupings' or separate categories - which are all indexed to 28 governmental, regulatory and supervisory reports and documents to create a governance code and commentary specifically tailored to Australian banks. Each governance variable is modelled on the Stage 1 Relational Approach contained in Enhancing Firm Sustainability Through Governance. Given the huge interest in the governance of banks, Parts 1 and 2 - explaining the Relational Approach - of Stage 1 were recently published in November 2018 and June 2019 in the Australian Journal of Corporate Law.  

This book is the largest reference book and handbook in publication worldwide containing the structures, mechanisms, processes and protocols - the checks and balances we call 'governance variables' - that deeply addresses and explains banking accountability and regulation in Australia. 

Dr Francesco de Zwart is a Senior Lecturer at Adelaide Law School at the University of Adelaide.  He was admitted as a Barrister and Solicitor of the Supreme Court of Victoria in 1993 and worked as a solicitor for Arthur Robinson and Hedderwicks (now Allens).  He primarily worked in the general corporate and banking and finance areas. He has published in journals such as the Monash University Law Review and the Australian Journal of Corporate Law.

He has taught business law and corporate law to non-law students for many years at the Department of Business Law and Taxation at Monash University.  He joined the Business School at the University of Adelaide in 2012.  At Adelaide Law School he teaches Foundations of Law to first-year students and, to later year students, Equity. He is First Year Coordinator of the LLB Program at Adelaide Law School and teaches governance subjects in the Law Master's Program.  He is the Lawyer Member of the University of Adelaide Human Research Ethics Committee. His original governance model was published in the 2015 book Enhancing Firm Sustainability Through Governance, The Relational Corporate Governance Approach.  He is a member of the Subject Advisory Committee for the Applied Corporate Law subject at the Governance Institute of Australia.  He is the Director of the Relational Corporate Governance Model Project adapting and applying his original model to the governance and supervision of major banks in Australia.  

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This Key Code and Handbook examines the corporate governance and accountability of Major Banks, their directors and executives which were the central focus of bank, Supervisor, Regulator and governmental activity and public scrutiny in 2018 and 2019. This book explores this responsibility focus by providing evidence from the Global Financial Crisis and beyond with both APRA and ASIC investigating illegal conduct, misconduct and conduct which was below the level of community expectations. This book discusses how the Royal Commission into misconduct in the banking and financial services industry has already given rise to a detailed Final Report whose recommendations are still being put into effect.  Further, this book uses evidence provided by the large number of Prudential Standards issued by APRA and investigations into the conduct of Major Banks by Regulators.  This book explores governance variables over 1,700 in number and grouped into 159 key groupings or separate categories which are all indexed to 28 governmental, regulatory and supervisory reports and documents to create a governance code and commentary specifically tailored to Australian banks. Each governance variable is modelled on the Stage 1 Relational Approach contained in Enhancing Firm Sustainability Through Governance. Given the huge interest in the governance of banks, Parts 1 and 2 explaining the Relational Approach - of Stage 1 were recently published in November 2018 and June 2019 in the Australian Journal of Corporate Law.  This book is the largest reference book and handbook in publication worldwide containing the structures, mechanisms, processes and protocols the checks and balances we call governance variables that deeply addresses and explains banking accountability and regulation in Australia.