Governance News 8 September 2021

60 minute read + (PDF download)  08.09.2021 Mark Standen, Siobhan Doherty, Kate Hilder

This issue covers several significant Hayne specific and other financial services developments including APRA's final remuneration standard (CPS 511), ASIC's breach reporting guidance (RG 78), and both APRA and ASIC's latest corporate plans for the 2021-25 period.  This issue also includes coverage of several important ESG-related developments including the release of APRA's paper on the Climate Vulnerability Assessment exercise currently being undertaken with major banks and a landmark greenwashing case.  In addition, this issue includes key takeaways from several sessions from the Governance Institute's National Conference 2021 and more…

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Boards and Directors Navigation Show below Hide below

  • Key takeaways from an expert panel discussion on the impact of COVID-19 on board decision making/risk management

Remuneration Navigation Show below Hide below

  • Top Story | APRA releases final remuneration standard CPS 511
  • Analysis from Semler Brossy finds that the use of longer-term sustainability metrics is still relatively uncommon across S&P500 firms (despite increasing stakeholder focus)

Shareholder Activism Navigation Show below Hide below

  • ACCR files shareholder cultural heritage resolution at Fortescue

Institutional Shareholders and Stewardship Navigation Show below Hide below

  • ACCR report: Analysis of the voting behaviour of Australia's 50 largest super funds on ESG shareholder resolutions
  • FRC has released a list of the successful signatories to the UK Stewardship Code

Diversity  Navigation Show below Hide below

  • Canada: Analysis of TSX-listed companies finds progress toward increased gender diversity remains slow
  • In Brief | Milestone: AICD has announced there are no zero ASX 200 all-male boards, but has reiterated support for the achievement of the 40:40:20 diversity target.  ACSI has issued a statement welcoming the milestone and expressing support for a 40:40:20 target

Meetings and Proxy Advisers Navigation Show below Hide below

  • Top Story | Status update: Legislating permanent changes to meeting and execution requirements – another draft Bill
  • Joint updated AGM guidance: The Governance Institute, AICD, Law Council and AIRA have released updated guidance following the passage of the TLA 1 Act

Regulators Navigation Show below Hide below

  • Discussion of the role of regulators and regulation in shaping culture and accountability: Insights from ASIC Commissioner Cathie Armour and an expert panel
  • New statement of expectations for ASIC
  • A different approach: ASIC's Corporate Plan 2021-25
  • The government has welcomed ASIC's response to its deregulation agenda
  • APRA's corporate plan 2021-25: 'Protected today, prepared for tomorrow' is the strategic theme
  • APRA's latest biennial stakeholder survey finds 25% of regulated entities consider the burden of APRA's regulation to be too high

Financial Services Navigation Show below Hide below

  • Top Story | Status update: Tracking progress against each of the Hayne Commission's recommendations
  • Consultation on a draft Bill to support implementation of the proposed FAR
  • Hayne implementation: ASIC has released new breach reporting guidance (RG 78) ahead of the commencement of reforms set to commence from 1 October
  • Updated IDR Guidance: ASIC has released final RG 271 Dispute Resolution
  • Consultation on possible options to change (or not) the settings around the use of occupational exclusions in the context of default life and TPD insurance in MySuper products
  • Improved reporting: 14% increase in reported Banking Code breaches over H2 2021
  • 84% pass rate: APRA releases results of its inaugural MySuper Product Performance Test
  • ASIC levy freeze: Treasurer announces temporary freeze on ASIC industry levy for advisers and review of the funding model, SAFAA has welcomed the news
  • In Brief | Establishing the CCIV regime: Following previous consultation, the government is consulting on a package of draft legislation to implement the tax and regulatory components of the CCIV (corporate collective investment vehicle) regime which is aimed at increasing the competitiveness of Australia's managed funds industry.  The due date for submissions is 24 September 2021
  • In Brief | In a joint submission, CPA Australia and Chartered Accountants Australia & New Zealand have questioned the need for the proposed retirement income covenant.  The groups argue that the proposed covenant is 'unnecessary', will be of 'little or no practical benefit' and would add to the costs of running superannuation funds
  • In Brief | APRA has published a new frequently asked question outlining its view on Pandemic Leave Disaster Payments, COVID-19 Disaster Payments and the ‘work test’ for the purpose of voluntary superannuation contributions

Risk Management Navigation Show below Hide below

Climate Risk

  • Climate risk governance guide: An introductory resource for directors on climate risk governance
  • Climate Risk: APRA has released an information paper outlining the design/scope of its climate vulnerability assessment (CVA)
  • Greenwashing test case: ACCR has brought a case challenging the truth of a company's net zero emissions target

Other Developments

  • A significant step forward: The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021
  • Modern Slavery Reporting – Year in Review
  • Emerging trends from the OAIC Notifiable Data Breaches Report
  • ACCC proposes sweeping changes to Australia's merger control regime

Restructuring and Insolvency Navigation Show below Hide below

  • Consultation paper released:  Review of the Insolvency Safe Harbour provisions

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