b) you are complying with an arrangement that you have made with us after we have considered your financial situation; or c) you are experiencing vulnerability and: i) we are of the view that the vulnerability is likely to be ongoing; and ii) there is no reasonable prospect of the debt being recovered. 191. However, we may transfer your debt in any of those circumstances if the transfer: a) is part of a funding arrangement — for example, a securitisation or the issue of covered bonds or similar funding arrangements; or b) is part of a sale of Business or Business restructure. Combining your accounts We will inform you if we combine or set-off your accounts 192. If we combine or set-off your accounts, including using available funds in one of your accounts to repay a debt you owe us, then we will promptly inform you we have done so. When we cannot combine your accounts 193. If you have an account that relates to any amounts you owe us under a Loan that is regulated by the National Credit Code, then we may not combine that account in any of the following circumstances: a) while we are actively considering your financial situation under either: i) paragraph 175 of this Code; or ii) the hardship provisions of the National Credit Code; b) while you are complying with an arrangement you have made with us after we have considered your financial situation; or c) if doing so breaches Code of Operation: Recovery of Debts from Department of Human Services Income Support Payments or Department of Veterans’ Affairs Payments. 194. If we are considering your financial situation in any of the ways referred to in the above paragraph, then we may require that you keep funds in an account until we have decided whether to agree to your request. D2 Complaints 195. You can make a Complaint about our Banking Services or our compliance with the Code. Our Complaints resolution process will comply with ASIC Regulatory Guide RG 271: Internal dispute resolution. If that Regulatory Guide does not apply to you, we will act as though it does. ASIC Regulatory Guide RG 271 is available on ASIC’s website and can be accessed via this link: asic.gov.au/regulatory-resources/find-a-document/ regulatory-guides/rg-271-internal-disputeresolution. 196. We will ensure our process for handling your complaint is fair and reasonable. 197. We will keep you informed on the progress of your complaint. 198. We will give you the name of the team who is handling your complaint and a way to contact them. 199. If we are unable to resolve your complaint within 30 days (or within 21 days if it involves a hardship notice, default notice or request to postpone enforcement under the National Credit Code), we will: a) tell you the reasons for the delay; b) tell you the date by which you can reasonably expect to hear the outcome of our investigation; c) give you monthly updates on the progress; d) tell you about your right to complain to AFCA if you are dissatisfied; and e) provide you with contact details for AFCA. However, for complaints involving hardship notices or postponement of enforcement, exceptions apply to the 21 day timeframe if we do not have sufficient information to make a decision or we reach an agreement with you. If we require further information from you then we will request it within 21 days of receiving the complaint. Banking Code of Practice | 35
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