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
While there are clear commercial and economic benefits as a result of the creation of the corporation, the construction of a legal artifice of ‘the legal person’ raises fundamental questions about the applicability of the criminal law to that artifice. A corporation cannot be sent to jail. It has no soul that may be damned.Read more
— The reality we have found is that when you actually map the criminal laws which are applicable to corporations, what you find is much closer to a rhomboid than a neat pyramid. The scope and scale and pervasiveness of criminal offences which are potentially applicable to corporations, is shocking. — Read Venetia’s full speech …Read more
When I was invited (almost 12 months ago now) to speak at this conference and on this topic, I felt relatively confident that after a year in the role as President of the ALRC, I might have some useful thoughts to share with you about future directions in law reform. That confidence evaporated rapidly when I began preparing theses remarks.
I have identified two main reasons for that loss of confidence (in addition to the obvious point that it is not a topic that lends itself naturally to humour). The first, and most important, reason has been the realisation of just how little influence the ALRC itself has in the topics that will be selected for future law reform references and the degree of political expediency involved the topics that are referred to the Commission. The second reason is the great uncertainty that surrounds the funding of the ALRC and the obvious challenge such uncertainty presents for ensuring that the ALRC can attract and retain a legal team of the highest quality.
Speaking at the Australian Academy of Law lecture in Brisbane, 4 Oct 2018, the Hon Justice S C Derrington, President of the ALRC, provided some background to Litigation Funding and Class Actions in Australia, and around the world. “Against this background, I turn to consider the overarching principles by which the ALRC has been guided …Read more