1300WHATLOAN - NCCP Compliance

• Document No.

• Audit Title

• Client / Site

• Conducted on

  Date

• Prepared by

Follow-Up Items

• Is our compliance plan up to date?<br>Our written compliance plan should reflect the systems established for compliance by the business. This should include plans for training, audit, and other activities in this table. The compliance plan could also specify who is responsible for monitoring each item.

  Yes

  No

  N/A

• Notes:

Licensing

• Is our licence appropriate to our business activities?

  Yes

  No

  N/A

• Have we complied with all conditions on our licence?

  Yes

  No

  N/A

• Is our compliance plan up to date?<br><br>Our written compliance plan should reflect<br>the systems established for compliance by<br>the business. This should include plans for<br>training, audit, and other activities in this table. The compliance plan could also specify who is responsible for monitoring each item.

  Yes

  No

  N/A

• Does the compliance plan correctly name our fit and proper people?

  Yes

  No

  N/A

• Do we undertake any activities for which an Australian Financial Services Licence (AFSL) is required?

  Yes

  No

  N/A

• Do we comply with any relevant state specific laws, for example:<br>• QLD, ACT, NSW, and Vic interest rate<br>cap<br>• ACT commission caps

  Yes

  No

  N/A

After 1 July 2012, licence number stated in:

• Responsible lending disclosure documents

  Yes

  No

  N/A

• Printed advertisements that relate to the provision of regulated credit (but if the advertisement mentions more than one licensee, then only one licence number need be quoted)

  Yes

  No

  N/A

• Documents required to be created, produced, given or published by a provision of the NCCP

  Yes

  No

  N/A

• Documents lodged with ASIC that relate to the provision of regulated credit.

  Yes

  No

  N/A

• Ensure ACN displayed on all company documents. ABN must be displayed on tax invoices.

  Yes

  No

  N/A

Procedures

• Adequate human resources?

  Yes

  No

  N/A

• Procedures to comply with responsible lending – not make unsuitable loans – as necessary?<br>Do we have:<br>• a credit policy<br>• a system of recording and storing our assessments?

  Yes

  No

  N/A

• Procedures to comply with disclosure requirements (credit guide, credit quote, credit proposal document, copy credit assessments)?

  Yes

  No

  N/A

• Do we comply with ‘door to door sales’ legislation?

  Yes

  No

  N/A

• Are our AML / CTF procedures appropriate?

  Yes

  No

  N/A

Financial

• Financial resources - review at least quarterly ?

  Yes

  No

  N/A

• Financial records maintained and retained?

  Yes

  No

  N/A

PI Insurance

• Ours ?

  Yes

  No

  N/A

• Credit representatives ?

  Yes

  No

  N/A

• People we do business with?

  Yes

  No

  N/A

Credit representatives:

• Credit representatives:<br>• properly appointed?<br>Have our credit representatives indemnified us for civil and criminal penalties arising from their conduct?

  Yes

  No

  N/A

• Mortgage brokers have a minimum of Cert IV in financial service (finance / mortgage broking)?

  Yes

  No

  N/A

Monotoring

• Human resources and a risk management plan maintained, including appropriate occupational health and safety review.

  Yes

  No

  N/A

• Breach register maintained?

  Yes

  No

  N/A

• Monitoring and reporting on all representatives (i.e. internal and external credit representatives

  Yes

  No

  N/A

• Outsource service suppliers suitable?

  Yes

  No

  N/A

• Outsource service suppliers’ contracts effective?

  Yes

  No

  N/A

ASIC Reporting of

• Appointment of credit representatives

  Yes

  No

  N/A

• Change to credit representatives

  Yes

  No

  N/A

• Trust account statement within three months of the end of each financial year when applicable.

  Yes

  No

  N/A

• Annual compliance certificate within 45 days of each anniversary of the grant of licence?

  Yes

  No

  N/A

IDR scheme

• Strategies to identify and avoid conflicts of<br>interest?<br>A register of any identified conflicts is maintained, showing how they have been addressed.

  Yes

  No

  N/A

• Review our written IDR procedures annually

  Yes

  No

  N/A

• Month of next review?

  September

  Other

• If Other , which month?

• Maintain register of disputes, how dealt with, and results?

  Yes

  No

  N/A

• Details of our IDR and EDR scheme made available to customers?

  Yes

  No

  N/A

• If yes how?

  Yes

  No

  N/A

EDR membership :

• EDR membership :<br>• ours<br>• all credit representatives (employees and directors or corporate credit representatives can be covered by their company’s EDR membership)?

  Yes

  No

  N/A

• Do we have a process for ensuring we only deal with licensees or credit representatives in relation to credit activities?<br>Review their licence/appointment at least annually.

  Yes

  No

  N/A

• What month is the next review?

  September

  Other

• If Other , which month?

Training

• Training register maintained:<br>• ongoing (CPD)

  Yes

  No

  N/A

New Emplyees

• Training register maintained:<br>• induction

  Yes

  No

  N/A

• Do we do background checks before hiring key people and review those checks from time to time?<br>Checks include:<br>• educational qualifications

  Yes

  No

  N/A

• Do we do background checks before hiring key people and review those checks from time to time?<br>Checks include:<br>• previous employers

  Yes

  No

  N/A

• Do we do background checks before hiring key people and review those checks from time to time?<br>Checks include:<br>• police check (not more than 12 months old)

  Yes

  No

  N/A

• Do we do background checks before hiring key people and review those checks from time to time?<br>Checks<br>• bankruptcy check (not more than 12 months old or a statutory declaration for overseas people)

  Yes

  No

  N/A

• Do we do background checks before hiring key people and review those checks from time to time?<br>Checks include:<br>• credit history report (not more than 3 months old)

  Yes

  No

  N/A

Retention of records

• Retention of records (other than financial) for 7 years?

  Yes

  No

  N/A

IT

• Adequate IT resourcers?

  Yes

  No

  N/A

• IT System back up procedures covering: how often are back-ups completed?

  Yes

  No

  N/A

• who monitors and controls the back-up process?

• How is physical security maintained?

  Select Soft Copy in Portable Hard Drives Soft Copy In Hard Drive and Backed up to Portable Hard Drive Hard Copy

  • Soft Copy in Portable Hard Drives
  • Soft Copy In Hard Drive and Backed up to Portable Hard Drive
  • Hard Copy

• What are the contingency plans to address major IT issues?

  Select Soft Copy in Portable Hard Drives Soft Copy In Hard Drive and Backed up to Portable Hard Drive Hard Copy

  • Soft Copy in Portable Hard Drives
  • Soft Copy In Hard Drive and Backed up to Portable Hard Drive
  • Hard Copy

Refers

• Register of referrers maintained.<br>Check that specified statements are made at the time of first contact with borrowers whose contacts details have been passed to us by referrers.

  Yes

  No

  N/A

Audit

• Annual trust account audit (if we hold any trust money).

  Yes

  No

  N/A

Privacy Act:

• Rules for retaining information

  Yes

  No

  N/A

• Rules for release of information

  Yes

  No

  N/A

• Privacy consent for our own use

  Yes

  No

  N/A

• Is privacy policy up to date?

  Yes

  No

  N/A

• Privacy policy available for customers?

  Yes

  No

  N/A

Advertising

• Ensure comparison rate disclosure in advertisements?

  Yes

  No

  N/A

Documents

• Ensure no unfair contract terms in our documents

  Yes

  No

  N/A

• Do our loan documents comply with the NCC, including:<br>• business purpose declaration<br>• joint borrower election<br>• loan and security documents<br>• default notices and procedures

  Yes

  No

  N/A

Codes of practice

• Compliance with the Codes of Practice:<br>• MFAA

  Yes

  No

  N/A

• Compliance with the Codes of Practice:<br>• FBAA

  Yes

  No

  N/A

• Compliance with the Codes of Practice:<br>• ABA ( Australian Bankers' Association )

  Yes

  No

  N/A

• Compliance with the Codes of Practice:<br>• EFT Code of Conduct

  Yes

  No

  N/A

• Compliance with the Codes of Practice:<br>• eMarketing Code of Practice and SPAM Act

  Yes

  No

  N/A

• Compliance with the Codes of Practice:<br>• others

  Yes

  No

  N/A

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