BULAW2611 Organisations Law – Semester 2, 2018 Assignment Two This assignment is relevant to corporate governance (Topic E) Due Friday 11.00 pm, Week 9 Submit online through Moodle Maximum 2000 words...

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BULAW2611 Organisations Law – Semester 2, 2018 Assignment Two This assignment is relevant to corporate governance (Topic E) Due Friday 11.00 pm, Week 9 Submit online through Moodle Maximum 2000 words Worth 20 marks (20% of the final grade) Students will be required to conduct independent research, to understand and analyse the law and to structure an argument in relation to a particular aspect of the law. Students should keep a copy of any assignment they submit for marking. Marking guide: Research Evidence of independent research Research is relevant to the topic 7 Analysis Student understands the topic Students presents different points of view (if applicable) Student displays critical thinking where required Presentation of well-constructed argument 8 Presentation Proper citation in footnotes and a bibliography Clear expression used throughout the essay The essay is well structured The use of headings and sub-headings is acceptable 5 Total marks 20 Topic: On April 30 2018, the Australian Prudential Regulation Authority (APRA) released a report based on a ‘Prudential Inquiry into the Commonwealth Bank of Australia (CBA)’. The Inquiry identified a number of shortcomings in CBA’s ‘governance, culture and accountability frameworks, particularly in dealing with non-financial risks and made a series of recommendations designed to strengthen these frameworks’. A copy of the report has been provided on Moodle (under Topic E). Required: Based on your reading of the Report, explain and discuss the recommendations made by the Inquiry, and specifically, whether, in your opinion, the recommendations will deter the CBA and other Banks from behaving in a way that leads to these types of shortcomings in the future.
Answered Same DaySep 07, 2020BULAW2611

Answer To: BULAW2611 Organisations Law – Semester 2, 2018 Assignment Two This assignment is relevant to...

Soumi answered on Sep 11 2020
131 Votes
Running Head: ORGANISATIONS LAW        1
ORGANISATIONS LAW         2
BULAW2611 ORGANISATIONS LAW – SEMESTER 2, 2018
ASSIGNMENT 2
Table of Contents
Introduction    3
Discussion of Shortcomings in Commonwealth Bank of Australia’s Governance, Culture and Accountability Frameworks, particularly in dealing with Non-Financial Risks    3
Discussing the Recommendations    3
Justifying the Recommendations    7
Conclusion    9
References    10
Introduction
The commonwealth Bank of Australia (CBA) is on
e of the most trust organisation in Australia. The financial performance of the bank has been better than most of the financial organisations across the globe. During the financial crisis of 2008, the CBA was exposed to multiple financial risks. It had been able to deal with the issues at that point of time. However, the success of the organisation in the past has led to ignorance of a number of non-financial risks such as corporate governance risks, issues in accountability framework and others. The Australian Prudential Regulatory Authority has released a report that deals with the issues of CBA. A number of recommendations have been made in regards to that. This assignment deals with discussion of such issues and analysing them in detail from the perspective of benefits that will be accrued to the organisation.
Discussion of Shortcomings in Commonwealth Bank of Australia’s Governance, Culture and Accountability Frameworks, particularly in dealing with Non-Financial Risks
Discussing the Recommendations
During the financial crisis of 2008, the Commonwealth Bank of Australia was exposed to a series of risks. The weakness of governess, unprofessional behaviour, ethical lapse and compliance failures were observed during that period. The was issues in the provision of financial advice, dubious lending practices, issues in setting of benchmark interest rate, compliance breaches and miss-selling of financial products were observed during that period. In spite of such issues, the entity emerged as a reputed organisation and dealt with such issues. A number of steps were taken during that period that reduced the financial risk of the organisation. However, due to reputation, performance and growth of organisation, the non-financial risk was ignored. According to the views of Koh and Leong (2017), the non-financial risks include operational, compliance and conduct risks that cannot be seen on the financials of an organisation (APRA, 2018).
In the recent times, the panel has identified a number of issues. Such issues include unclear accountabilities, unambiguity in the method of identification of risks, over complex and bureaucratic decision-making process that leads to delay in decision-making. The operational risk management framework of the bank was more effective on paper in comparison to real market scenario. The compensation scheme of the bank was not highly based on efficiency. The incentives were provided to the staff who did not even produce healthy customer outcomes.
There are a number of cultural issues, which include tolerance to delays in audits and such matter. The organisation was proactive rather than pre-emptive. As per the opinion of Sheedy and Griffin (2018), once the issues were highlighted, swift action was taken by the management. No measures were taken to identify the creeping issues that could have an impact on the performance of the management. The output of the organisation had been even better, if all the above-mentioned issues were dealt with seriousness (APRA, 2018).
The panel had made a number of recommendations to deal with the issues that have been mentioned above. Such recommendations included formation of a more rigorous Board and Executive Committee for the governance of non-financial risks, upgrading the capability and authority of the compliance functions as well as operational risk management, along with hanging the culture of the organisation from pro-active of pre-emptive. The panel also recommendation to align its practice of the Board and Audit and Risk committee with the risk management practices at global level. Effective co-ordination among the Risk and Remuneration, Audit and Board was suggested to reduce the delay in decision making along with efficient flow of information to the target users. The organisation was suggested to take idea from all the employees in the organisation through debates and meeting. According to the opinion of Deresky and Christopher (2015), involvement of employees would lead to identification of simple ideas that may not come into the minds of the senior management.
The panel also provided suggestions on creating accountability among the management and the group. The CEO should ensure that the executive committee promotes the voice of the support function, takes...
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