Guidance Notes

The CCMC’s Guidance Notes describe how we interpret our obligations under our Mandate or the approach we may take when considering a matter related to banks’ obligations under the Code.

These notes have been produced in consultation with the Australian Bankers’ Association and Financial Ombudsman Service and are designed to ensure our operating procedures and decision-making processes are transparent.

As we consider matters on their individual circumstances, the information in the Guidance Notes serves as a guide only.

CCMC Mandate

Guidance Note No. 1 – CCMC Compliance Monitoring (PDF 291 KB)

This note describes our likely approach to monitoring compliance with the Code under clause 5 of our Mandate. These monitoring activities include our Annual Compliance Statement, Own Motion Inquiries, on-site visits and desktop audits.

Guidance Note No. 2 – CCMC Compliance Investigations – Discretion (Mandate clause 6.3) (PDF 224 KB)

Under clause 6.3 of our Mandate, we have a general discretion to decide whether to investigate a matter or continue a compliance investigation at any stage before making a final decision on the outcome.

Guidance Note No. 3 – CCMC Compliance Investigations – the 12 month rule (Mandate clause 6.2) (PDF 132 KB)

Clause 6.2 of our Mandate considers matters outside the scope of our investigative powers, including the ‘12 month rule’ for notifying us of an alleged code breach.

Guidance Note No. 4 – Compliance Investigations – rules of evidence, competing evidence and previous CCMC Determinations (PDF 222 KB)

This note describes our likely approach to evidence and previous CCMC Determinations during a compliance investigation.

Guidance Note No. 5 – CCMC Compliance Investigations – concurrent forums (PDF 129 KB)

This note describes our likely approach to exercising our obligations under clause 6.2 of our Mandate for allegations that have been concurrently raised in another forum.

Guidance Note No. 6 – Compliance investigations – Failure to respond, withdrawals and re-opening a closed investigation (PDF 208 KB)

This note describes our likely approach where the person making an allegation does not respond to us, withdraws their allegation or requests that we re-open a closed investigation.

Guidance Note No. 7 – the Interrelationship between Compliance Investigations and Code Monitoring Activities Undertaken by the CCMC (PDF 260 KB)

This note describes our likely approach when it considers the interrelationship between its code monitoring and compliance investigations powers.

Guidance Note No. 12 – the Classification, Reporting and Remediation of non-compliance (PDF 431 KB)

This note describes the CCMC’s likely approach to the classification, recording and reporting of non-compliance with the Code, and its enforcement and sanctions powers, including the public naming of a code subscriber.

 

Code obligations

Guidance Note No. 8 – Guarantees (PDF 285 KB)

This note describes our likely approach to potential breaches of obligations under clause 31 of the Code.

Guidance Note No. 9 – Provision of Credit (PDF 277 KB)

This note describes our likely approach to potential breaches of obligations under clause 27 of the Code.

Guidance Note No. 10 – Direct Debits (PDF 183 KB)

This note describes our likely approach to potential breaches of obligations under clause 21 of the Code.

Guidance Note No. 11 – Chargebacks (PDF 197 KB)

This note describes our likely approach to potential breaches of obligations under clause 22 of the Code.

Guidance Note No. 13 – Financial difficulty (PDF 230 KB)

This note describes our likely approach to potential breaches of obligations under clause 28 of the Code.

Find out more

Download a copy of our Mandate (PDF 6.68 MB)