18.09.2020

The Global Anticorruption Blog: Guest Post

Australia Considers New Approaches to Corporate Criminal Liability
Today’s guest post is from Matt Corrigan and Samuel Walpole, respectively General Counsel and Legal Officer at the Australian Law Reform Commission (ALRC).

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14.09.2020

Corporate Crime: Directors’ and Officers’ Liability on the Map

Latest report from the Australian Law Reform Commission sets out the ways in which directors and senior executives can – and should – be held responsible when companies break the law In Chapter 9 of its Final Report on Corporate Criminal Responsibility, the Australian Law Reform Commission (ALRC) takes a deep dive into how directors and executives

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10.09.2020

Sentencing Corporations: Can the Punishment Fit the Crime?

ALRC report calls for greater creativity and flexibility in corporate sentencing.

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07.09.2020

Tightening the Screws on Corporate Crime and Human Rights

Latest ALRC report calls for a ‘failure to prevent’ offence for transnational crimes, and a holistic review of the business and human rights framework.

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03.09.2020

The Attribution Game: Corporate Fault and Attribution of Criminal Responsibility

In its Final Report on Corporate Criminal Responsibility, the ALRC recommended that there be a single legislative method for attributing criminal responsibility to corporations.

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13.06.2020

Criminal responsibility as a distinctive form of corporate regulation

Throughout its life in the law, corporate criminal responsibility has attracted controversy. This article seeks to answer two foundational questions about this method of regulating corporate behaviour.

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29.11.2019

Faith, hope , and charity – religion as a public benefit in modern Australia

Justice SC Derrington, President of the ALRC, presented at the Charity Law Association of Australia and New Zealand (CLAANZ) Annual Public Lecture 2019 at the University of Melbourne on 29 November 2019.

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27.11.2019

Corporate attribution – principled simplicity

In its Discussion Paper on Australia’s corporate criminal responsibility regime, the ALRC proposes a simplified method for attributing criminal responsibility to corporations.   What follows is a short summary and explanation of the key principles underlying that proposal. The law treats corporations as ‘people’. Therefore, the prohibitions imposed on people are usually applicable for both humans

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21.11.2019

Evolving families and the continuing justification for rules particular to the regulation of families

Justice SC Derrington, President of the ALRC, presented at the Family and Relationship Services Australia (FRSA) National Conference 2019 on 21 November 2019.

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19.11.2019

When Should Officers be Liable for Corporate Crime?

Research and consultations in the course of the ALRC’s Inquiry into Corporate Criminal Responsibility have highlighted the important role played by senior management in ensuring compliance throughout the different parts of a corporation. While corporations can be ‘a person’ under law, they are also made up of individuals – some of whom have authority and

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