Governance News 26 October 2022

45 minute read (PDF download)  26.10.2022 Mark Standen, Siobhan Doherty, Kate Hilder

This week's issue includes coverage of several significant financial services developments including the release of the Senate report into the package of legislation that (if passed) will establish the FAR and CSLR.  On the risk management front, we cover various cyber-security related developments including the release of new cyber security governance principles from the AICD and the CSCRC. On the ESG front, we cover a number of greenwashing and disclosure related developments including a speech from ASIC Deputy Chair Karen Chester in which she cautioned that the regulator is 'moving into compliance and indeed enforcement mode' on greenwashing and more…

Full coverage of this weeks content is now available.

Past issues are available

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Boards and Directors  Navigation Show below Hide below

  • Government launches Director ID awareness campaign

Remuneration Navigation Show below Hide below

  • IAG shareholders wave through remuneration report
  • 'First strike' at Blackmores

Shareholder Activism Navigation Show below Hide below

  • Say on Climate | Origin shareholders back company's climate transition plan, reject shareholder climate resolutions

Disclosure and Reporting Navigation Show below Hide below

  • ASIC Deputy Chair underlines that sustainable finance is a 'whole of ASIC' priority, flags the regulator is now 'moving into compliance and indeed enforcement mode' on greenwashing
  • ISSB update on draft standards: Scope 3 GHG emissions to be included in ISSB standard
  • Greenwashing: UK regulator bans two bank ads over 'unqualified' environmental claims
  • In Brief | The Federal Budget includes $6.2 million in funding for the introduction of 'mandatory climate reporting standards for large businesses and financial institutions' as part of a range of measures aimed at improving climate transparency. This is stated to be 'crucial to encourage action to reduce emissions and facilitate private capital flows to support the transition'

Regulators Navigation Show below Hide below

  • US regulator cautions firms on 'interlocking' directorships: DoJ antitrust concerns prompt director resignations 

ESG  Navigation Show below Hide below

  • Anti-ESG backlash continues to gain momentum: Missouri is the latest state to ban BlackRock
  • NZBA says member banks are not bound to phase down fossil fuel financing
  • Why isn't health an ESG priority? Investor coalition calls for health to be 'at least as well embedded in mainstream investment practice as climate'
  • US director survey highlights a number of board 'blind spots' including oversight of environmental/climate issues 
  • Top Story | Queensland government introduces broad environmental reform bill 
  • Australian state, territory and federal environment ministers pledge cooperation on environmental challenges 
  • In Brief | The government has announced that Australia will join 122 other countries in signing the Global Methane Pledge, a global initiative aimed at reducing methane emissions by 30% by 2030 
  • In Brief | The Federal Budget includes a number of climate related commitments including: plans to invest $42.6 million to restore the Climate Change Authority, introduce an Annual Climate Change Statement to Parliament and increase transparency around climate-related spending in the Budget; funding to 'restore the Treasury's role in modelling climate risks and opportunities for the Australian economy'; and $6.2 million to 'help implement the government's commitment to introduce standardised, internationally-aligned climate disclosure requirements for large businesses' 

Financial Services Navigation Show below Hide below

  • Top Story | Senate Committee paves the way for the passage of FAR and CSLR Bills 
  • Top Story | Financial Services Survey 2022 
  • Consumer credit | Predatory lending and high cost credit key enforcement priorities for ASIC 
  • DDO enforcement | ASIC issues its 11th interim stop order 
  • ABA rejects recommendation to require banks to publish details of serious breaches of the Banking Code on their websites 
  • In Brief | Crypto enforcement action: ASIC has commenced civil penalty proceedings in the Federal Court against BPS Financial Pty Ltd for (allegedly) making false, misleading or deceptive representations and engaging in unlicensed conduct in relation to a non-cash payment facility involving crypto-asset Qoin. ASIC Deputy Chair has cautioned other crypto promoters that 'Where it falls within our remit, ASIC will take targeted action against unlicensed conduct and misleading promotion of crypto-asset financial products that could harm consumers - this is a key priority for ASIC' 

Accounting and Audit Navigation Show below Hide below

  • ASIC releases report into root cause analysis practices of the six largest firms 

Risk Management Navigation Show below Hide below

  • Practical guidance for boards::The AICD and the CSCRC have released new cyber security governance principles 
  • APRA-regulated entities urged to ensure information security controls are in place given the escalating levels of cyber activity 
  • Medibank cyber incident | (Potentially) all ahm, Medicare and international students impacted 
  • OAIC has launched an investigation into the Medibank cyber incident 
  • Government issues factsheet for Medibank and ahm customers impacted by the cyber incident 
  • Energy Australia reports cyber incident, moves to 12 character passwords 
  • In Brief | Sydney University academics have called for the introduction of mandatory cyber disclosure requirements, arguing that under the existing Notifiable Data Breaches scheme, the public does not have transparency around the 'vast majority' of cyber breaches that occur each year 

Other News Navigation Show below Hide below

  • Top Story | Federal Budget 2022/23 Highlights
  • Tackling the gender pay gap: New Bill to be introduced

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https://www.minterellison.com/articles/governance-news-26-october-2022