News and Media

Presentations & Articles

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

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23.09.2020

World in a Box: What Legal issues might yet need to be resolved and by what mechanism?

Justice SC Derrington, President of the ALRC, presented at the Australian Academy of Law “World in a Box” online seminar on 23 September 2020. Read World in a Box address >> 

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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 of Australian companies may be held personally liable for corporate misconduct.

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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.
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.

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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.

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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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20.12.2019

Dignity and the Future of Family Law

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

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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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