Protect your business, comply with laws and effectively address bribery and corruption.
This collection of resources proposes steps to take when instances of bribery or corruption occur, or when there are near misses. Develop your business’ understanding of what has occurred and promote a culture of action, self-reporting, remedy and organisational learning.
This brief provides an overview of the corruption risks and vulnerabilities identified between July 2020 and June 2023 from finalised investigations under the Law Enforcement Integrity Commissioner Act 2006 and related prosecutions.
Companies that have paid bribes can try to undo some of the harm through reparations. Enforcement agencies might also compel reparations to be made. This article outlines some of the forms that reparations can take and provides case studies from past enforcement actions.
Under the Government’s proposed deferred prosecution agreement (DPA) scheme, companies that cooperate with authorities can be invited to enter a DPA for foreign bribery and related offences. If a company complies with the DPA, it will not be convicted. This draft code of practice sets out the expectations of authorities for companies that wish to enter a DPA.
When allegations of fraud or corruption arise, it is important to undertake a prompt and thorough investigation. This short 'how to' guide outlines the key steps to make an investigation effective. Be sure to also consider the 'whistleblowing' section of this site for more recent developments in obligations relating to whistleblowers.
The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 came into effect on 8 March 2024 and introduced a new corporate offence of failing to prevent foreign bribery. This resource outlines the steps corporations can take to establish an effective anti-bribery compliance program and suggests types of controls to consider when implementing such a program. The guidance sets out 6 elements to assist corporations in establishing ‘adequate procedures’.
The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 came into effect on 8 March 2024 and introduced a new corporate offence of failing to prevent foreign bribery.
This document outlines supporting resources to accompany the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024, which introduced a new corporate offence for failing to prevent bribery of foreign public officials and requires businesses to have "adequate procedures" to prevent such conduct. It serves as a companion to the Attorney General's Adequate Procedure Guide, offering practical resources to help businesses implement these principles effectively.
Australia tales a whole-of-government approach to combatting foreign bribery. This page outlines the roles of Australian agencies tasked with responding to foreign bribery and the responsibilities of each agency.
This guide from the Australian Federal Police sets out the importance of self-reporting and the practical steps for companies to self-report possible criminal conduct. It covers when to report, what information to include in the report, and the AFP's investigation process.
The Australian National Contact Point (AusNCP) is responsible for promoting the OECD Guidelines for Multinational Enterprises and to contribute to the resolution of issues relating to their implementation when cases against a company are raised. The complaint mechanism helps parties resolve conflicts. The website provides useful information on how to submit a complaint, track a case and view a closed complaint.
There are many layers to remediating bribery and corruption issues, including: identifying root causes, addressing weaknesses in systems and processes, imposing consequences on the people who have done the wrong thing, putting commercial relationships onto the right footing and paying reparations where appropriate. This incident response map works through some of the key issues related to a remediation response.
Foreign bribery is a serious offence attracting significant penalties. Under section 70.2 of the Criminal Code, individuals face a fine of up to AUD$2.2 million and 10 years imprisonment for the bribery of foreign public officials. Companies face even larger fines including up to 10% of their annual turnover. There are also offences for related misconduct, such as false accounting and money laundering.
This legislation proposes to strengthen Australia’s enforcement response to foreign bribery. It will introduce a new corporate offence for failure to prevent an associate (such as an employee, agent or subsidiary) from bribing a foreign public official and introduces a Commonwealth deferred prosecution agreement scheme for specified corporate offences related to bribery and other financial crimes.
This detailed instruction manual for investigating corruption allegations can guide you through the internal investigation process. It is designed for investigations in the public sector, but the same principles will apply for internal investigations of fraud or corruption issues in the private sector. The 'whistleblowing' section of this site provides up to date guidance on recent developments in obligations relating to whistleblowers.
Self-reporting is a significant first step in addressing suspected foreign bribery. This Guideline is designed to provide companies with information about how self-reporting will be taken into account by the CDPP when determining whether or not to commence a prosecution, and highlights the reasons why a company may choose to self-report including to comply with directors’ duties and limit liability. Information about early guilty pleas is also provided.