Crunch Time for Financial Advisers – Stay or Go?

How can Financial Advisers rebuild trust?

Crunch Time for Financial Advisers – Stay or Go?

It would be no exaggeration to say the Australian financial advice industry is going through a difficult time.

Following years of scandals, and shocking evidence brought to light by the Hayne royal commission, urgent steps are now being taken to “professionalise” the banking and finance sector.

Amongst the headlines: embattled financial services giant AMP is setting aside an eye watering $290 million to compensate customers who received poor financial advice, and a further $35 million annually to improve compliance structures.

All of the major banks have announced their plans to “amputate” financial advice and wealth management from their portfolio of vertically integrated activities.

Many advisers have already lost their jobs. And many more have already announced their intention to leave the industry rather than face greater scrutiny and a new compliance burden.

For those operators planning to stay in business, there’s a new sheriff in town. The Financial Adviser Standards and Ethics Authority (FASEA) was established by the Federal Government in 2017 to set the education, training and ethical standards of licensed financial advisers in Australia.

FASEA requirements for mandatory education and Continuous Professional Development (CPD) are unlike anything the industry has ever seen.

The push to professionalise the sector is moving with speed. Starting this year, advisers will be required to undertake formal education, in the form of either a full degree or bridging course, plus nine hours of continuing professional development (CDP) annually. Advisers will be required to pass an exam to earn their license and continue to operate. 

What’s the problem?

While the standards mentioned above might sound perfectly reasonable to someone already working within a well established profession such as accountancy or the law, this is unfamiliar territory for many financial advisers.

Many advisers who have been working for years or even decades will be daunted by the demand for serious study and a formal academic qualification. Some advisers have already expressed concern at the financial burden of course fees and lost income. Many others will be daunted by the sheer number of hours required each year to meet FASEA’s standards.

It’s little wonder the industry is going through a crisis of confidence. And while the emphasis has rightly been placed on the rights of the customer, and the many people who have received poor advice, it’s also worth pausing to think about the impact this has on individual advisers – some of whom have been operating honestly and ethically for many years. For such people, and there are many, the avalanche of bad press and community outcry has been difficult to bear.

We know many people become financial advisers because they are passionate about the financial wellbeing of their family, friends and community. They aspire to help people secure economic stability and security whilst avoiding the abundant pitfalls and bad products.

Of Gallup’s Five Essential Elements of Well-being, financial security is at the centre. Practiced ethically and professionally, the work of a financial adviser supports and protects other critical areas of a person’s life. 

This leads to some interesting questions about the overarching purpose of a financial adviser.

Why does this role exist? What purpose does it serve individuals, communities and society at large? What is the overarching public good that can be achieved from a profession that supports, protects and grows a person’s financial wealth?  

Or to look at it another way, what would the world look like without financial advice? If all of the competent advisers were to leave the industry, where does that leave the community?

Advisers who are on the fence about their future should take time to work out what the role of financial advice means to them. Whilst the reputation of the industry may be at its lowest point, it’s a great time to get back to basics and think about the purpose and impact of this type of work.

What is the solution?

The Ethics Centre has had quite a bit of involvement in this story as it’s unfolded.  When the scandal first began to erupt three years ago, we worked with some of the largest advice firms to develop in-house training programs for financial advisers.

We’ve helped inform FASEA’s thinking on ethical standards for the industry. We’re currently working on building a course on ethics and professionalism to be delivered by universities.

We also offer free counselling to individuals via our Ethi-call service – and that includes financial advisers struggling at a career crossroads.

 

For those advisers currently at this point, we’d advise some clear headed thinking about career purpose and priorities. If you think you’d benefit from talking through your dilemma with an impartial counsellor, you are welcome to call Ethi-call.

The service is a free, appointment-based telephone counselling service offered by The Ethics Centre to help people navigate some of life’s toughest decisions.


technology-workplace-culture

Is technology destroying your workplace culture?

technology-workplace-culture

If you were to put together a list of all the buzzwords and hot topics in business today, you’d be hard pressed to leave off culture, innovation or disruption.

They might even be the top three. In an environment of constant technological change, we’re continuously promised a new edge. We can have sleeker service, faster communication or better teamwork.

This all makes sense. Technology is the future of work. Whether it’s remote work, agile work flows or AI enhanced research, we’re going to be able to do more with less, and do it better.

For organisations who are doing good work, that’s great. And if those organisations are working for the good of society (as they should), that’s great for us all.

Without looking a gift horse in the mouth though, we should be careful technology enhances our work rather than distracting us from it.

Most of us can probably think of a time when our office suddenly had to work with a totally new, totally pointless bit of software. Out of nowhere, you’ve got a new chatbot, all your info has been moved to ‘the cloud’ or customer emails are now automated.

This is usually the result of what the comedian Eddie Izzard calls “techno-joy”. It’s the unthinking optimism that technology is a cure for all woes.

Unfortunately, it’s not. Techno-joyful managers are more headache than helper. But more than that, they can also put your culture – or worse, your ethics – in a tricky spot.

Here’s the thing about technology. It’s more than hardware or code. Technology carries a set of values with it. This happens in a few ways.

Techno-logic

All technology works through a worldview we call ‘techno-logic’. Basically, technology aims to help us control things by making the world more efficient and effective. As we explained in our recent publication, Ethical by Design:

Techno-logic sees the world as though it is something we can shape, control, measure, store and ultimately use. According to this view, techno-logic is the ‘logic of control’. No matter the question, techno-logic has one overriding concern: how can we measure, alter, control or use this to serve our goals?

Whenever you’re engaging with technology, you’re being invited and encouraged to see the world in a really narrow way. That can be useful – problem solving happens by ignoring what doesn’t matter and focussing on what’s important. But it can also mean we ignore stuff that matters more than just getting the job done as fast or effectively as we can.

A great example of this comes from Up in the Air, a film in which Ryan Bingham (George Clooney) works for a company who specialise in sacking people. When there are mass layoffs to be made, Bingham is there. Until technology comes to call. Research suggests video conferencing would be cheaper and more effective. Why fly people around America when you can sack someone from the comfort of your own office?

As Bingham points out, you do it because sometimes making something efficient destroys it. Imagine going on an efficient date or keeping every conversation as efficient as possible. We’d lose something essential, something rich and human.

With so much technology available to help with recruitment, performance management and customer relations, we need to be mindful that technology is fit for purpose. It’s very easy for us to be sucked into the logic of technology until suddenly, it’s not serving us, we’re serving it. Just look at journalism.

Drinking the affordance Kool-Aid

Journalism has always evolved alongside media. From newspaper to radio, podcasting and online, it’s a (sometimes) great example of an industry adapting to technological change. But at times, it over adapts, and the technological cart starts to pull the journalistic horse.

 

 

Today, online articles are ‘optimised’ to drive engagement and audience. This means stories are designed to hit a sweet spot in word count to ensure people don’t tune out, they’re given titles that are likely to generate clicks and traffic, and the kinds of things people are likely to read tend to get more attention.

A lot of that is common sense, but when it turns out that what drives engagement is emotion and conflict, this can put journalists in a bind. Are they impartial reporters of truth, lacking an audience, or do they massage journalistic principles a little so they can get the most readers they can?

I’ll leave it to you to decide which way journalism as an industry has gone. What’s worth noting is that many working in media weren’t aware of some of these changes whilst they were happening. That’s partly because they’re so close to the day-to-day work, but it can also be explained by something called ‘affordance theory’.

Affordance theory suggests that technological design contains little prompts, suggesting to users how they should interact with it. They invite users to behave in certain ways and not others. For example, Facebook makes it easier for you to respond to an article with feelings than thinking. How? All you need to do to ‘like’ a post is click a button but typing out a thought requires work.

Worse, Facebook doesn’t require you to read an article at all before you respond. It encourages quick, emotional, instinctive reactions and discourages slow thinking (through features like automatic updates to feeds and infinite scroll).

These affordances are the water we swim in when we’re using technology. As users, we need to be aware of them, but we also need to be mindful of how they can affect purpose.

Technology isn’t just a tool, it’s loaded with values, invitations and ethical judgements. If organisations don’t know what kind of ethical judgements are in the tools they’re using, they shouldn’t be surprised when they end up building something they don’t like.


What makes a business honest and trustworthy?

“I am a trusted advisor.” That is how the man described himself when he approached me at the end of a conference.

We had gathered to discuss the implications of the Royal Commission into banking and finance and how that industry could emerge with a stronger ethical backbone.

“What is the best way to get that ethical message across?” asked the man in front of me.

Well, part of the problem was right there on his business card. You can’t self-nominate trust. You have to earn it. You can’t appropriate it yourself with a wishful job title or marketing slogan. You have to do the work and leave it to others to decide if you can be trusted. Or not.

A greater focus on trust itself

Trust has been seen as a top business priority and growing in importance over the past few years, especially after the Global Financial Crisis of 2007 where people’s life savings were misused by the people in institutions that had promised to take care of them. The rise of the populist Occupy movement four years later was a warning shot to those in power that resonated globally.

However, much of the conversation since then about the poor reputation of business has failed to come to terms with the enormity of the task ahead. Trust is often spoken about as the currency that allows companies the privilege of taking care of another person’s wealth.

Not so much is said about the process of getting there – or even whether trust is the outcome companies should be focused on.

After all, having people’s trust does not necessarily mean that you are trustworthy.

Dealing in deception

Why should “trust” not be an end in itself? Well, US stockbroker and financial advisor Bernie Madoff was widely trusted by his wealthy investors before they realised they had been collectively fleeced of $US64.8 billion in the largest Ponzi scheme in history.

Closer to home in Australia, conman Hamish McLaren took $7.66 million from 15 separate victims – many of whom were referred to him by friends and family. McLaren was so trusted that one woman handed over her divorce settlement without even asking his last name.

McLaren is the subject of The Australian newspaper’s most recent podcast series “Who the Hell is Hamish?”.

Trust, by itself, is not always what it is cracked up to be.

Restoring confidence and trust

So the question is not “How can we get people to trust us again?”, but should be instead “What can we do to become trustworthy?”. Organisations need to focus on the process of getting there, rather than the result. It will take time, there needs to be consistency in behaviour and there’s an element of forgiveness that needs to be addressed.

Forgiveness means that the forgiver needs to believe that you won’t behave that way again. Declaring your best intentions doesn’t work, it needs to be seen.

Being trustworthy means that people in your organisation behave ethically because it’s the right thing to do, not because it will make people trust them again. A reputation for trustworthiness is, again, not something you can just anoint yourself with.

A solid reputation is bestowed upon you and comes through an accumulation of other people’s personal experiences of you and your work.

Legendary investor Warren Buffett, the chairman of Berkshire Hathaway, has provided the business world with a wealth of pithy and insightful quotes through his annual letters to shareholders.

One is said to be: “It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently”.

 

This article was originally written for The Ethics Alliance. An initiative of The Ethics Centre, The Ethics Alliance is a community of organisations sharing insights and learning together, to find a better way of doing business. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.


Blockchain: Some ethical considerations

The development and application of blockchain technologies gives rise to two major ethical issues to do with:

  • Meeting expectations – in terms of security, privacy, efficiency and the integrity of the system, and
  • The need to avoid the inadvertent facilitation of unconscionable conduct: crime and oppressive conduct that would otherwise be offset by a mediating institution

Neither issue is unique to blockchain. Neither is likely to be fatal to its application. However, both involve considerable risks if not anticipated and proactively addressed.

At the core of blockchain technology lies the operation of a distributed ledger in which multiple nodes independently record and verify changes on the block. Those changes can signify anything – a change in ownership, an advance in understanding or consensus, an exchange of information. That is, the coding of the blockchain is independent and ‘symbolic’ of a change in a separate and distinct real-world artefact (a physical object, a social fact – such as an agreement, a state of affairs, etc.).

The potential power of blockchain technology lies in a form of distribution associated with a technically valid equivalent of ‘intersubjective agreement’. Just as in language the meaning of a word remains stable because the agreement of multiple users of that word, so blockchain ‘democratises’ agreement that a certain state of affairs exists. Prior to the evolution of blockchain, the process of verification was undertaken by one (or a few) sources of authority – exchanges and the like. They were the equivalent of the old mainframe computers that formerly dominated the computing landscape until challenged by PC enabled by the internet and world wide web.

Blockchain promises greater efficiency (perhaps), security, privacy and integrity by removing the risk (and friction) that arises out of dependence on just one or a few nodes of authority. Indeed, at least some of the appeal of blockchain is its essentially ‘anti-authoritarian’ character.

However, the first ethical risk to be managed by blockchain advocates is that they not over-hype the technology’s potential and then over-promise in terms of what it can deliver. The risk of doing either can be seen at work in an analogous field – that of medical research. Scientists and technologists often feel compelled to announce ‘breakthroughs’ that, on closer inspection, barely merit that description. Money, ego, peer group pressure – these and other factors contribute to the tendency for the ‘new’ to claim more than can be delivered.

“However, the first ethical risk to be managed by blockchain advocates is that they not over-hype the technology’s potential and then over-promise in terms of what it can deliver.”

It’s not just that this can lead to disappointment – very real harm can befall the gullible. One can foresee an indeterminate period of time during which the potential of blockchain is out of step with what is technically possible. It all depends on the scope of blockchain’s ambitions – and the ability of the distributed architecture to maintain the communications and processing power needed to manage and process an explosion in blockchain related information.

Yet, this is the lesser of blockchain’s two major ethical challenges. The greater problem arises in conditions of asymmetry of power (bargaining power, information, kinetic force, etc.) – where blockchain might enable ‘transactions’ that are the product of force, fear and fraud. All three ‘evils’ destroy the efficiency of free markets – and from an ethical point of view, that is the least of the problems.

“The greater problem arises in conditions of asymmetry of power (bargaining power, information, kinetic force, etc.) – where blockchain might enable ‘transactions’ that are the product of force, fear and fraud.”

One advantage of mediating institutions is that they can provide a measure of supervision intended to identify and constrain the misuse of markets. They can limit exploitation or the use of systems for criminal or anti-social activity. The ‘dark web’ shows what can happen when there is no mediation. Libertarians applaud the degree of freedom it accords. However, others are justifiably concerned by the facilitation of conduct that violates the fundamental norms on which any functional society must be based. It is instructive that crypto-currencies (based on blockchain) are the media of exchange in the rankest regions of the dark web.

So, how do the designers and developers of blockchain avoid becoming complicit in evil? Can they do better than existing mediating institutions? May they ‘wash their hands’ even when their tools are used in the worst of human deeds?

This article was first published here. Dr Simon Longstaff presented at The ADC Global Blockchain Summit in Adelaide on Monday 18 March on the issue of trust and the preservation of ethics in the transition to a digital world. 


Employee activism is forcing business to adapt quickly

Employee activism

It was not that long ago that publicly disagreeing with your employer’s business strategy or staging a protest without the protection of a union, would have been a sackable offence.

But not today – if you are among the business “elite”.

Last year, 4,000 Google employees signed a letter of protest about an artificial intelligence project with the Department of Defense. Google agreed not to renew the contract. No-one was fired.

Also at Google, employees won concessions after 20,000 of them walked out protesting the company’s handling of sexual harassment cases. Everyone kept their jobs.

Consulting firms Deloitte and McKinsey & Company and Microsoft have come under pressure from employees to end their work with the US Department of Immigration and Customs Enforcement (ICE), because of concerns about the separation of children from their illegal immigrant parents.

Amazon workers demanded the company stop selling its Rekognition facial recognition software to law enforcement.

Examples like these show that collective action at work can still take place, despite the decline of unionism, if the employees are considered valuable enough and the employer cares about its social standing.

The power shift

Charles Wookey, CEO of not-for-profit organisation A Blueprint for Better Business says workers in these kinds of protests have “significant agency”.

“Coders and other technology specialists can demand high pay and have some power, as they hold skills in which the demand far outstrips the supply,” he told CEO Magazine.

Individual protesters and whistle-blowers, however, do not enjoy the same freedom to protest. Without a mass of colleagues behind them, they can face legal sanction or be fired for violating the company’s code of conduct – as was Google engineer James Damore when he wrote a memo criticising the company’s affirmative action policies in 2017.

Head of Society and Innovation at the World Economic Forum, Nicholas Davis, says technology has enabled employees to organise via message boards and email.

“These factors have empowered employee activism, organisation and, indeed, massive walkouts –not just around tech, by the way, but around gender and about rights and values in other areas,” he said at a forum for The Ethics Alliance in March.

Change coming from within

Davis, a former lawyer from Sydney, now based in Geneva, says even companies with stellar reputations in human rights, such as Salesforce, can face protests from within – in this case, also due to its work with ICE.

“There were protesters at [Salesforce annual conference] Dreamforce saying: ‘Guys, you’re providing your technology to customs and border control to separate kids from their parents?,” he said.

Staff engagement and transparency

Salesforce responded by creating Silicon Valley’s first-ever Office of Ethical and Humane Use of Technology as a vehicle to engage employees and stakeholders.

“I think the most important thing is to treat it as an opportunity for employee engagement,” says Davis, adding that listening to employee concerns is a large part of dealing with these clashes.

“Ninety per cent of the problem was not [what they were doing] so much as the lack of response to employee concerns,” he says. Employers should talk about why the company is doing the work in question and respond promptly.

“After 72 hours, people think you are not taking this seriously and they say ‘I can get another job, you know’, start tweeting, contact someone in the ABC, the story is out and then suddenly there is a different crisis conversation.”

Davis says it is difficult to have a conversation about corporate social activism in Australia, where business leaders say they are getting resistance from shareholders.

“There’s a lot more space to talk about, debate, and being politically engaged as a management and leadership team on these issues. And there is a wider variety of ability to invest and partner on these topics than I perceive in Australia,” says Davis, who is also an adjunct professor with Swinburne University’s Institute for Social Innovation.

“It’s not an issue of courage. I think it’s an issue with openness and demand and shifting culture in those markets. This is a hard conversation to have in Australia. It seems more structurally difficult,” he says.

“From where I stand, Australia has far greater fractures in terms of the distance between the public, private and civil society sectors than any other country I work in regularly. The levels of distrust here in this country are far higher than average globally, which makes for huge challenges if we are to have productive conversations across sectors.”

 

This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.


Simon Longstaff The Ethics Centre

Banking royal commission: The world of loopholes has ended

Simon Longstaff The Ethics Centre

Following the release of Commissioner Hayne’s royal commission final report on  the banking and financial services sector, our Executive Director shares his take on the findings for the Australian Financial Review.

The Final Report of the Hayne Royal Commission is both unsparing and inspired.

Mr Hayne casts a wide net in his analysis of what went wrong in Australia’s banking and finance industry. However, there is one group on whom he pins ultimate accountability; the boards and senior executives of the entities whom he found to be at fault, “Nothing that is said in this Report should be understood as diminishing that responsibility. Everything that is said in this Report is to be understood in the light of that one undeniable fact …”

That is the unsparing part of the Report.

Kenneth Hayne is inspired in his injunction to all Australian business that it must apply some underlying principles, “These norms of conduct are fundamental precepts. Each is well-established, widely accepted, and easily understood.”

  • Obey the law;
  • Do not mislead or deceive;
  • Act fairly;
  • Provide services that are fit for purpose;
  • Deliver services with reasonable care and skill; and
  • When acting for another, act in the best interests of that other.

A dominant theme in Mr Hayne’s final report is that it is time to eliminate the law’s own exceptions to these principles – a series of ‘loopholes’ – often the product of political convenience – that allow the underlying principles to be violated by those with the wit, means and licence to do so.

There is a subtle quality to Mr Hayne’s arguments on this point. At no time does he suggest that ethical commitments should be elevated above compliance with the law. Indeed, he is clear that he opposes that approach. However, he makes it clear that the Law must conform with ethics – in the form of ‘underlying principle’.

The implications of this for the targets of his harshest criticism – boards and senior executives – are profound. For too long, it has been possible to ease through a loophole and take comfort from the fact that questionable (and profitable) conduct was ‘strictly legal’. That approach has cost us all dearly.

The fact that a loophole was available to be exploited does not mean that it should have been. The capacity to exercise ethical restraint (not to do everything that is possible) was always latent within the ranks of boards and senior management.

To be fair, we should acknowledge that boards and senior management have often exercised that capacity. We will never know (and credit will never be given) for the many cases of good judgement that have prevailed. Unfortunately, in the current environment, a multitude of good decisions counts for little when compared to the relatively few, but emblematic, cases of ethical failure – some of which may also have been unlawful.

Ethical failure occurs when core purposes, values and principles are betrayed. On some occasions this is done in a knowing and deliberate manner. More often, the cause is a failure of culture and governance (both intimately linked) that leads an organisation to ‘sleep walk’ into an ethical ‘death pit’.

Recognising this, Commissioner Hayne recommends that:

All financial services entities should, as often as reasonably possible, take proper steps to:

  • Assess the entity’s culture and its governance
  • Identify any problems with that culture and governance
  • Deal with those problems, and
  • Determine whether the changes it has made have been effective 

In doing so, Hayne supports and extends the approach already adopted by APRA and ASIC by looking beyond ‘risk culture’ to evaluate the whole.

The Ethics Centre is a pioneer in the development and application of world-class tools for undertaking precisely the kind of evaluation being recommended by Hayne. This approach should not be limited to banking and financial services. It is essential for all organisations – whether in the private or public sectors.

The trouble is that boards and senior managers are often deeply reluctant to look into a well-polished mirror that reveals the truth about their organisation. Instead, they look to those who offer a ‘magic mirror’ that always reflects the comforting myth that you are the ‘fairest of them all’. It takes a certain kind of moral courage to ask for the truth. Perhaps Kenneth Hayne has strengthened the sinews of corporate Australia.

We will see!

Australia was one of the first countries to develop an ethical framework for banking and finance. The Banking + Finance Oath was created in the aftermath of the global financial crisis – at a time when all seemed to be relatively rosy on the domestic front.

The great disappointment was that so few people took up the opportunity to commit to the ‘underlying principles’ on which the BFO is based. Perhaps too many people saw that reality fell too short of the ideal.

If ever there was a time to make something better, it is now. In the wake of the Hayne royal commission, it is time for the ethical majority, working within banking and finance, to step up. Whatever your role or seniority – it’s time to own what is noble in the aims of banking and finance and to give life to its ideals.

Embrace underlying principle, measure and achieve alignment, exercise ethical restraint, regain trust. Do so in the expectation of profit and to earn that most elusive of rewards: a good name.

That is the opportunity that lies latent in the recommendations of the Hayne Report.

Dr Simon Longstaff is executive director of The Ethics Centre


The Ethics Centre: A look back on the highlights of 2018

The Ethics Centre: Highlights of 2018

Sometimes, good people do bad things. The last year confirmed this. Banks, schools, universities, the military, religious institutions – it seems 2018 left no sector unshaken.

These are the sorts of issues we confront every day at The Ethics Centre. In our reviews and confidential advice we have seen similar patterns repeat over and over again.

Yes, bad apples may exist, but we find ethical issues arise from bad cultures. And even our most trusted institutions, perhaps unwittingly, foster bad behaviour.

That’s why we have an important job. With your support we help society understand why ethical failures happen and provide safeguards lest they repeat.

As The Ethics Centre approaches its 30th birthday, we’d love to say we’re no longer needed. We hoped to bring ethics to the centre of everyday life and think we’ve made a small dent into that task. But there’s no point pretending there’s not a long way to go.

We thank you for supporting us and believing in us and are proud to share the highlights of another busy year with you.

 

If you’re short on time to read the full report now (and we’d really love you to take a look some time at what a small organisation like ours can achieve), here are seven highlights we’re particularly proud of:

• We launched The Ethics Alliance. A community of organisations unified by the desire to lead, inspire and shape the future of how we do business. In one year, 37 companies have benefited from the innovative tools that help staff at all levels make better decisions.

• We published a paper on public trust and the legitimacy of our institutions. Our conversations with regulators, investors, business leaders and community groups, revealed a sharp decline in the trust of our major institutions. We identify the agenda they need to in order to maintain public trust and contribute meaningfully to the common good.

• We ramped up Ethi-call. Calls to our free, independent, national helpline increased by 74 per cent this year. That’s even more people to benefit from impartial, private guidance from our highly trained ethical counsellors.

• We reviewed the culture of Australian cricket. When the ball-tampering scandal hit the world stage, Cricket Australia asked us to investigate. We uncovered a culture of ambition, arrogance, and control, where “winning at all costs” indicted administrators and players alike.

•We released a guide to designing ethical tech. Technology is transforming the way we experience reality. The need to make sure we don’t sacrifice ethics for growth is more pressing than ever. We propose eight principles to guide the development of all new technologies before they hit the market. You can download it here.

•We redesigned the Festival of Dangerous Ideas. FODI was created to facilitate courageous public conversation. The Ethics Centre and UNSW’s Centre for Ideas collaborated to untether the festival and produce a bold and necessary world-class cultural event. Every session sold out.

• We grew our tenth year of IQ2. We doubled the number of live attendees and tripled the student base showing audiences are more intelligent and hungry for diverse ideas than they are often given credit for. We welcomed a new sponsor Australian Ethical whose values align with our own. There’s never been a better time to support smart, civic, public debate.

Download: The Ethics Centre Annual Report 2017-2018


Is our current form of democracy failing us?

Democracy is still the least-worst option we have

Is our current form of democracy failing us?

If the last decade of Australian politics has taught us anything it is this: democracy is a deeply flawed system.

Between the leadership spills, minority governments, ministerial scandals, legal corruption, and campaign donations, democracy is leaving more of us disillusioned and distrustful.

And that’s just in Australia.

Overseas, various ‘democratic’ governments have handed us Brexit, Russian election tampering (both domestically and abroad), the near collapse of the Euro, the Chinese Government’s Social Credit scheme, and the potentially soon-to-be-impeached Trump Presidency.

It’s not surprising that many are looking for an alternative system to run the country. Something simpler, more direct. Something efficient and easy.

Something like capitalism.

This may seem absurd on first reading – after all, how can an economic system replace the political governance of an entire nation? But capitalism is more than how we trade goods and services. It spills into a broader socio-economic theory that claims it can better represent people nationally and abroad than democracy ever could. This is known as neoliberalism.

Neoliberals argue that we don’t need to rely on the promises of unaccountable representatives to run the government. We can let competition decide. Just as a free market encourages better products, why don’t we let the free market encourage better governance?

If Bob does a better job fixing your car than Frank, employ Bob and vote for that quality as the standard. Frank either picks up his game or goes out of business. If your neighbouring electorate’s MP does a better job representing you, pay him and vote for his policy. If people value businesses that treat their employees well, those businesses will succeed and others will change their practices to compete.

Where democracy asks you to trust in the honour of your leaders, and only gives you a chance to hold them to account every few years, neoliberalism lets you exercise your choice every single time you spend your money, every single day.

This is far from fantasy thinking. It is this essential idea that drives ideas like ‘small government’, privatisation of state infrastructure, decreasing business taxes, and cutting ‘red tape’ – remove government interference from the system and leave the decisions up to the people themselves.

On paper it is the perfect system of government – a direct democracy where every citizen constantly drives policy based on what they buy and why.

Great, right? Well, only if you’re a fan of feudalism. Because that is what such a system would inevitably produce.

Consider this: within democracy, who is in control? The elected government obviously has the reigns of power during their term (to a frankly frightening degree), but how do they maintain that power?

By being elected, of course. Whether they like it or not, every three to four years they at least have to pretend they care about the needs of the people. In reality it’s hardly as simple as ‘one person, one vote’ – between campaign donationslobby groups, ‘cash for access’, and good old-fashioned connections, some citizens will always have more power than others – but the fact remains that within democracy, the people in power still need to care about the whims of their citizens.

 

 

Now consider this: within this ideal capitalist, neoliberal, vote-with-your-dollar system, who is in control? If you express your interests in this system through your purchases, then power is dispersed based on how much you spend, right?

Who does the most spending? The people with the most money.

Here is the critical question and the sting in tail of the neoliberalism: why should the people in control of such a society, where power is determined by wealth alone, give the slightest damn about you?

Whether sincere or not, democracy requires the decision makers to court all citizens at least every election (and a lot more frequently than that, if they know what’s good for them). But in a purely capitalist society, why would the power-players ever need to consult those without significant wealth, power, or influence?

Even in a democratic world a mere 62 people already own more money than half of the entire world’s population, and exert titanic power upon the world’s markets that no normal citizen can ever hope to challenge.

Remove the political franchise that democracy guarantees every citizen by default, and you remove any and all controls of how those ultra-rich exert the power this wealth grants them.

So while we may criticise democracy for its inefficiencies, and fantasise how much better it would all be if government ‘were run like a business’, such idle complaints miss the key value of democracy – that in granting each and every citizen the inalienable right to an equal vote, none of them can safely be ignored by those who would aspire to power.

Perhaps you believe that the neoliberal utopia would be a better system, and the 1 percent would never decide to relegate the masses back to serfdom. But the fact that such a decision would now depend entirely on their whims, should be enough to terrify any sane citizen.


New framework for trust and legitimacy

In our report The Trust, Legitimacy & the Ethical Foundations of the Market Economy, we outline why legitimacy is more important than trust to the success of Australian companies and must be underpinned by an ethical framework.

It’s a distinction between trust and legitimacy that must be understood by corporations today who are facing a precipitous decline in levels of public trust. Trust is wholly dependant on legitimacy, which can only be maintained when performance is linked to a legitimate purpose and guided by a core ethical framework. While trust in corporations, can be compensated for by increased surveillance, legitimacy once lost, cannot be recovered at any cost.

This report draws on philosophical thinking to identify a minimum threshold of four fundamental values and principles companies must meet to maintain legitimacy: respect people, do no harm, be responsible, and be transparent and honest.

Dr Simon Longstaff AO, The Ethics Centre’s Executive Director and co-author of the paper says “The privileges of incorporation and limited liability were justified by a broad appeal to the common good.  If those privileges are to be preserved, then it may be time to establish a new, core ethical foundation for corporations.”

“This framework must enable agility and protect against the risks of poor decision-making. An alternative and complementary approach to more compliance is to establish a values and principles framework that guides rather than dictates decision-makers.”

The report includes threshold indicators for the four fundamental values and principles identified to help companies undertake a legitimacy self-assessment.

The full report can be accessed here: trustandlegitimacy.com.au


Are diversity and inclusion the bedrock of a sound culture?

We need to think about diversity in the workplace beyond gender, argues Alison Woolsey, Director of Diversity & Inclusion at Clayton Utz, a member of The Ethics Alliance.

In December 2017, Chartered Accountants Australia NZ, The Ethics Centre, Governance Institute of Australia, and Institute of Internal Auditors released a publication titled Managing Culture – A good practice guide.

Inspired by the discussion, I wondered how important the link between diversity and inclusion (“D&I”) and a sound culture in which ethical decision making is a given? Being able to point to clear evidence of a link could only advance the case for D&I in our organisations and help address any resistance to change.

A lot has changed in the Australian market. In spite of, and perhaps because of, the Hayne Royal Commission and its fallout, the connection is worth exploring. It’s a topic that has been investigated by others in the past – certainly with a gender diversity focus. For example:

  • Professor Robert Wood of the University of Melbourne’s Centre for Ethical Leadership, summarised several articles and studies linking more women on boards and in senior management with improved risk management and corporate governance
  • The above paper references a study which found Fortune 500 companies with a higher percentage of women on their board of directors were more likely to be on Ethisphere Institute’s list of the World’s Most Ethical Companies.
  • ‘The Lehman Sisters Hypothesis’, a study that concludes empirical literature backs the claim “more gender diversity in finance, and particularly at the top would help to reduce some of the behavioural drivers behind the crises”.

A little less on point, but worth noting as it often comes up in gender diversity discussions, is John Gerzema and Michael D’Antonio’s 2013 book, The Athena Doctrine: How Women (and the Men Who Think Like Them) Will Rule the Future. It offered a global survey of 64,000 people and revealed that two thirds felt the “world would be a better place if men thought more like women”.

What I would like to focus on here, however, are two key and interrelated theses around diversity and inclusion and their role in driving workplace culture:

  1. Diverse teams drive better decision making.
  2. Inclusive workplaces inspire better team performance (as well as employee satisfaction, success and security).

If these theses hold true (and I consider each in more detail below), the unavoidable conclusion could be that D&I helps shape an organisation’s culture for the better, and will be increasingly valued – and even demanded – by boards and investors as corporate governance rules are strengthened and companies’ social licences to operate come under increased scrutiny.

Diversity is a trigger for better decision making

Much is written about the “value of diverse teams” and “diversity of thinking”. Many leaders and organisations use the expressions liberally when promoting their diversity policies. But do we really understand what these expressions mean?

In her book, Which Two Heads Are Better Than One, Australian author Juliet Bourke acknowledges the collective intelligence that diverse teams can offer, but debunks any theory that it’s easy to achieve through simple gender balance and diversity of background.

Bourke introduces several enablers of diversity of thinking. These include the composition of any group and the process they use to think and debate. Gender balance in a group, she says, “promotes psychological safety and more conversational turn-taking, thereby encouraging people to speak up, offer their views, and elaborate on the ideas of others”. Racial diversity “triggers curiosity, causing people to ask more questions, make fewer assumptions, listen more closely, and process information more deeply”. Age and geographic location also play a role.

In addition to this, we need to consider more direct factors – firstly, diversity of approach to problem solving. Bourke identifies six key individual approaches to problem solving but notes we tend to focus on two in particular. She says that by deliberately taking a more balanced approach, groups report they reduced blind spots and “were able to develop more robust solution” and moreover “followers report greater faith in the ultimate solution”.

The second direct influence on diversity of thinking comes from the mix of functional roles such as general counsel, chief risk officer, and chief HR officer. These executive positions expose members to different domains of knowledge and social networks, Bourke says.

This theory challenges the simplicity of the proposition that having women in a group mitigates risk. Australian academic Cordelia Fine similarly dismisses the existence of any gender gap in risk taking in her 2016 book, Testosterone Rex. So too does Elizabeth Sheedy, who concludes in a 2017 study that senior female bankers don’t conform to stereotypes and are just as ready to take risks.

This rich research linking gender diversity and improved business performance suggests organisations also need to consider a wider range of diversity forms beyond women to men ratios. When you begin to grasp the complexity of optimal diversity, you begin to realise the opportunities and value that teams can deliver or destroy.

Inclusion and workplace performance

Achieving the ideal diversity mix in any group is no mean feat. However, a group can still underperform if its members do not feel included.

According to the Diversity Council of Australia, inclusion occurs when a mix of people are respected, connected, progressing, and contributing to organisational success. Deloitte’s HR research body, Bersin, shows organisations with inclusive cultures are six times more likely to be innovative, anticipate change, and respond effectively, and twice as likely to meet or exceed financial targets.

We see evidence that inclusion is associated with being treated fairly and respectfully, being valued for one’s uniqueness and sensing group belonging. The Deloitte Inclusion Maturity Model identifies the highest level of inclusion as being when people report feeling both psychologically safe and inspired to do their best work. At a more granular level, this is about people feeling (or leaders encouraging people to feel) they can contribute in a meeting, have a voice in decisions affecting them, and can disagree or challenge group decisions.

Leaders are instrumental in creating a culture of inclusion. Diversity commentators and practitioners largely agree on a common set of leadership capabilities including being collaborative, accountable, open and curious, a champion of diversity, and relational.  A big piece in the discussion on inclusive leadership is the importance of counteracting biases and assumptions in decision making. In recent years, not only have we seen a growing level of awareness of unconscious biases but also a push to explore practical ways (policies, processes and structures) to mitigate against them.

Positive traits of an inclusive leader include being particularly mindful of personal and cultural biases like confirmation bias and groupthink. Juliet Bourke also highlights the importance of leaders being cognisant of the situations and factors such as time pressures and fatigue which can cause them to be vulnerable to such biases.

As several authors have argued, there was potential for diversity of thinking and good decision making in the Enron board, but the decisions “concerned matters of high complexity, difficulty and moral uncertainty” and ultimately it succumbed to groupthink, says Bourke.

Does diversity and inclusion lead to sound culture?

If we have ideal diversity in a team and have cultivated inclusion through good leadership, does a sound organisational culture necessarily follow?

Logically, yes. We’ve canvassed positive outcomes such as good decision making, effective team work, psychological safety, and innovation. We’ve considered the impact of leaders being more open and curious, conscious of biases, and accountable. In both the Managing Culture paper and APRA’s report on the Commonwealth Bank, we see references to the need for improved behaviours of boards and senior leadership along the lines of these themes. If D&I doesn’t at least influence ethical behaviour or underpin the concept of an ethical framework, it would be easy to argue inclusive leadership can facilitate embedding an ethical framework.

McKinsey in its 2018 update suggests that, for many companies, D&I is a “matter of license to operate”. This is a theme at the heart of proposed changes to the ASX Corporate Governance Council’s Principles and Recommendations. In a substantial redraft of principle 3, the current words of “act ethically and responsibly” become “instil and continually reinforce a culture across the organisation of acting lawfully, ethically and in a socially responsible manner”. The ASX says that “preserving an entity’s social licence to operate requires the board and management of a listed entity to have regard to the views and interests of a broader range of stakeholders than just its security holders, including employees”. It goes on to suggest this may include, by way of example, “offering employment to people with disability or from socially disadvantaged groups in society”.

On one view this could be saying good culture drives greater levels of diversity, and not vice versa. What’s interesting though is the earlier editions of the Principles and Recommendations also included diversity under principle 3. It was then relocated in 2014 to Principle 1: “lay solid foundations for management and oversight”. In my view, D&I sits comfortably under both principles – a recognition of it being business critical but also critical for ‘good’ or ‘right’ decisions.

More reflection on the point may be required but I think investors and our regulators should care about what organisations are doing to make D&I a priority in the way they conduct business and as employers. D&I may be an undervalued lever to promote positive change in business behaviours and workplace cultures in Australia. The world’s largest asset manager BlackRock has identified board diversity as a “stewardship priority”. Larry Fink recently wrote in his annual letter to CEOs:

“We also will continue to emphasize the importance of a diverse board. Boards with a diverse mix of genders, ethnicities, career experiences, and ways of thinking have, as a result, a more diverse and aware mindset. They are less likely to succumb to groupthink or miss new threats to a company’s business model. And they are better able to identify opportunities that promote long-term growth.” – Larry Fink

It makes sense to continue to make the case for diversity and inclusion as being a driver of positive change – for business, and for the community.

Alison Woolsey is director of Diversity & Inclusion at Clayton Utz, a member of The Ethics Alliance.

This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.