In this presentation from the Bribery Prevention Network, learn practical tips and experiences from a range of speakers exploring the challenges that SMEs face in embracing a speak-up culture and sharing practical guidance on how SMEs can effectively implement whistleblower mechanisms that employees aren't afraid to use.

The NACC has identified 3 areas of focus for its corruption prevention and education work in 2024:

1. Conflicts of interest
2. Ethical decision-making
3. The electoral process

The National Anti-Corruption Commission enhances integrity in the Commonwealth public sector by deterring, detecting and preventing corrupt conduct involving Commonwealth public officials. It does this through education, monitoring, investigation, reporting and referral.

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’.

This Guidance on Good Practice Procedures for Corporate Anti-Bribery and Anti-Corruption Programs
is intended to provide an overview of the matters you will need to demonstrate to show you had adequate procedures to prevent foreign bribery under the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (Cth).

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.

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.

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.

Identify red flags for bribery when dealing with business associates using the list of questions provided as part of Austrade’s anti-bribery materials. This resource will also support you to understand who is considered a business associate and how to manage any red flags and warning signs that are uncovered as part of your due diligence process. This resource forms part of Austrade’s suite of anti-bribery materials.

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.  

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.

This resource offers a road map for better corporate practice on anti-corruption disclosures. It demonstrates the business case for advancing corporate governance and transparency. Direction is provided for disclosure across five high risk areas. It responds to some of the legal challenges that might inhibit a business from disclosing information.

A resource on the process to use when commissioning independent assurance of anti-bribery programs. Provides benchmarks in the form of control objectives for use in designing and evaluating programs in anticipation of independent assurance. Includes clear step-by-step instructions broken into five stages.

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 resource is part of Austrade’s “Guide to exporting”.