The Attorney-General has directed the Australian Law Reform Commission (ALRC) to investigate ways of strengthening the law to make company executives more accountable for the actions of their companies.
The A-G, Christian Porter said he had appointed Justice Robert Bromwich as a part-time member of the ALRC to assist with the review.
“It is essential that our laws are effective in holding corporations to account for criminal misconduct by their officers,” Mr Porter said.
“This review will examine ways those laws can be strengthened.”
He said that under the Criminal Code, criminal responsibility applied to corporations for the actions of employees, agents or officers of those corporations, where the corporation expressly or impliedly authorised or permitted those actions.
“For example, corporate liability provisions can be used to hold a company liable for any criminal offences where a corporate culture exists that tolerates or encourages culpable conduct,” Mr Porter said.
“The review will consider reforms to the Criminal Code and other relevant legislation to provide a simpler, stronger and more cohesive regime for corporate criminal responsibility.
“This includes consideration of any practical challenges to investigating and prosecuting these crimes.”
He said Justice Bromwich, as a Federal Court judge and former Director of the Commonwealth Director of Public Prosecutions, was uniquely qualified to assist with the review.
“The review will consider options for implementing recommendations of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and the ASIC Enforcement Review Taskforce,” Mr Porter said.
The ALRC’s report will be delivered to the Government by 30 April 2020.
This announcement was made before the Government entered caretaker mode.
