22.10.2020
The Future of Law Reform in Australia
The Law Society of Tasmania Law Letter Article by ALRC Principal Legal Officer Micheil Paton In December 2019 the ALRC released a suggested program of work for the next five years. The topics that the ALRC suggests should be prioritised are: automated decision making and administrative law; principle-based regulation of financial services; defamation; press freedom …
Read more19.10.2020
Closing The Gap On Business And Human Rights
Human Rights Pulse Article by ALRC Legal Officer Tess Van Geelen
In early September, the second revised Draft of an international treaty on business and human rights was released by a working group established by the UN Human Rights Council (the OEIGWG). At regional and national levels, a number of states have also taken decisive steps towards better regulating the human rights impacts of business.
01.10.2020
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).
30.09.2020
The medieval law of debt and the interests served by the statutes merchant
Australian Bar Review Article published by ALRC Legal Officer Samuel Walpole.
The latter part of the 13th century was a period of great legislative reform of the early common law.
25.09.2020
Q&A with students at the University of Sydney
On 24 September 2020, ALRC Principal Legal Officer Micheil Paton and Senior Legal Officer Sarah Fulton answered questions from students in a class on Law Reform, at the request of Professor Simon Rice OAM, the Kim Santow Chair of Law and Social Justice at the University of Sydney Law School. The students had read a …
Read more14.09.2020
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 of Australian companies may be held personally liable for corporate misconduct.
10.09.2020
Sentencing Corporations: Can the Punishment Fit the Crime?
ALRC report calls for greater creativity and flexibility in corporate sentencing.
Read more07.09.2020
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.
In Chapter 10 of its recent Final Report on Corporate Criminal Responsibility, the Australian Law Reform Commission (ALRC) recommended that the Government consider introducing a ‘failure to prevent’ type offence for certain extraterritorial offences, modelled on the failure to prevent foreign bribery offence that is currently before Parliament.
04.09.2020
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.
Read more13.06.2020
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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