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In December 2019 Principal Legal Officer Micheil Paton and Legal Officer Phoebe Tapley were published in the Griffith Journal of Law and Human Dignity analysing aspects of the ALRC’s Family Law Inquiry report through the lens of “human dignity”. This paper reviews the approach taken by the Australian Law Reform Commission in its recent family …Read more
The Banking Executive Accountability Regime: an alternative model of individual liability for corporate fault
On 15 November, the ALRC released a Discussion Paper as part of its Corporate Criminal Responsibility Inquiry. In the Discussion Paper, the ALRC proposed reforms to individual liability for corporate criminal conduct. The proposals are set out in Chapter 7 of the Discussion Paper, and a shorter summary is available here. These proposals respond to …Read more
When sentencing an offender key objectives include: denouncing the conduct of the offender; ensuring that the offender is punished justly for the offence; deterring the offender and others from committing the same or similar offences; promoting the rehabilitation of the offender; protecting the community by limiting the capacity of the offender to re-offend; and promoting …Read more
On Monday 2 December 2019, the ALRC launched the report of the Future of Law Reform project at a well-attended and high-spirited event in the Commonwealth Law Courts building in Brisbane. President of the ALRC, Justice Sarah Derrington, outlined the origins and purposes of the project, reflecting on the ALRC’s longstanding commitment to public involvement …Read more
The Australian Law Reform Commission (ALRC) is today releasing a report suggesting an ambitious agenda for law reform over the next five years. The report will be launched by the current ALRC President, the Hon Justice Sarah Derrington, and the inaugural ALRC Chairman, Hon Michael Kirby AC CMG, in the Commonwealth Law Courts Building in …Read more
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.Read more
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 …Read more
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.Read more
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 …Read more
Ensuring appropriate and effective regulation of corporations: A recalibration of Australian corporate regulation
In its Discussion Paper on Australia’s corporate criminal responsibility regime released on 15 November 2019, the ALRC proposes a new model of corporate regulation that aims to achieve more appropriate and effective regulation of corporations. Central to this is the adoption of a principled distinction between the use of criminal and civil regulation. A lack …Read more