Australian Government Resources

Australian laws governing anti-bribery and corruption operate at both the Commonwealth and state and territory levels. They can apply to individuals and companies for bribery and corruption both inside and outside Australia. Develop an understanding of relevant Australian legislation and build your awareness of legal obligations for compliance through these government resources. Learn about the risks of bribery and corruption in international transactions and how you can prepare your business for proposed laws that will require companies of all sizes to have adequate procedures in place to prevent bribery of foreign public officials. Find out more about a proposed deferred prosecution agreement scheme for certain corporate offences.

Resources from the Australian Government

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This resource offers an introductory summary of corporate sector whistleblower protection requirements under the Corporations Act 2001. It includes links to further guidance for companies on handling whistleblower disclosures and creating whistleblowing policies. This guidance can be used by companies even if they are not required to have a whistleblower policy under the law.  

The Australian Government is proposing reforms that will require companies to implement and maintain adequate procedures to prevent an associate (such as an employee, agent or subsidiary) from bribing foreign public officials. This draft principles-based guidance sets out the types of measures companies should consider implementing and includes case studies to demonstrate how these measures could be applied in practice.

This information pack provides key information on the Commonwealth offence for bribing a foreign public official, examples of foreign bribery, steps for reporting suspected foreign bribery and a list of useful links for further information. The pack contains six fact sheets as well as a poster and brochure that are available to download.

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.

To carry out effective risk assessments, Australian businesses operating overseas should be aware of the bribery and corruption risks in the country in which they operate. Designed for Australian exporters, this resource provides risk profiles for 50 countries, including the corruption rating, sectors where corruption may occur, and applicable laws and regulatory bodies. Scroll to the bottom of this link to access the resource.

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.

The bribery of a public foreign official (foreign bribery) is a serious criminal offence that carries significant penalties. This webpage provides information about the federal foreign bribery offence, previous foreign bribery convictions in Australia and proposed reforms including a new corporate offence for failure to prevent foreign bribery. This webpage also includes fact sheets and an online learning module.

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 compliant, track a case and view a closed complaint.

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.

Australian businesses operating overseas need to be aware of their obligations under Australian and foreign laws with respect to dealing with foreign public officials. Austrade has published an anti-bribery and corruption guide for Australian businesses operating overseas and information sheets that provide businesses with practical tips and risk assessment tools.

Articulate company commitments and expectations by setting an anti-bribery and corruption (ABC) statement of intention. This resource suggests language and key points to include in an ABC statement of intention to support companies to communicate to internal and external stakeholders. This resource is provided as part of the Australian Government’s broader anti-bribery materials.

This short, 15 minute learning module can be used by businesses to help develop employees’ awareness of the foreign bribery offence. The module provides information about Australia’s anti-bribery policy, relevant laws and how to report foreign bribery. It features video interviews with Australian Federal Police representatives, links to relevant agencies and a short quiz, and supports users with accessibility requirements.

This suite of tools and guidance covers topics including facilitation payments, bribery red flags, and training materials to help identify and manage bribery risks. It includes a flow chart of practical steps businesses can take before entering any formal relationship with business partners or associates and what due diligence can be conducted.

Effectively communicate bribery prevention policies and procedures to internal and external stakeholders. Practical recommendations on what communications should cover are included in this resource. Understand where training on bribery prevention policy and procedures should be focussed to mitigate the risks of bribery and maximise awareness of business policy and procedures.

This resource highlights 12 steps business can take to build a culture of compliance and how to undertake due diligence to identify bribery and corruption risks. Each step includes supporting resources such as policy templates for designing due diligence processes. A glossary of terms and links to additional resources are provided.