Top Menu

Deferred Prosecution Agreements In Australia: To Be Or Not To Be?

Australia

Today’s post is from Elizabeth Macknay, Christopher Hicks, and Stephen Waddington (Perth, Australia based attorneys with Herbert Smith Freehills).

Reforms to Australia’s foreign bribery laws proposed in 2017 and again in 2019 included a deferred prosecution agreement (DPA) scheme. When the reforms lapsed and were proposed for a third time in 2023, the DPA scheme was omitted. However, when the reform Bill recently came before the Senate, the opposition proposed amendments to the Bill to reinclude the DPA scheme. We consider whether the introduction of a DPA scheme is appropriate to expand the range of tools for criminal law enforcement in Australia.

Continue Reading

Checking In Down Under

Australia

Today’s post is from Robert Wyld and Andrew Fish (both with the law firm Johnson Winter Slattery in Australia) regarding anti-corruption and other related developments in Australia.

Foreign Bribery Penalties in Australia – Should a Company be Fined for the Gross Benefit or only the Net Benefit from its Offending Conduct?

The law on foreign bribery cases is sparse in Australia, reflecting a dearth in active prosecutions that run to trial. The few cases that have existed over the last 20 years or more have invariably settled. Rarely have they been contested.

Continue Reading

Checking In Down Under

Australia

A guest post from Robert Wyld (an attorney at Johnson Winter & Slattery in Sydney). Wyld is the Australia Expert for FCPA Professor.

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, commercial crime, investigations and regulation to 19 December 2018. The year has been mixed with statutory reforms progressing at a snail’s pace while the Australian Government has been brought kicking to the table for a national Integrity Commission, which surprisingly, protects parliamentarians from public hearing or dare it be said, public scrutiny. The year ended with the publication of the court cases in the long-running Securency banknote printing foreign bribery scandal. While some convictions by way of guilty pleas were achieved, the remaining prosecutions spectacularly collapsed with the High Court of Australia sternly criticising investigative agencies for egregious illegal conduct which irreparably prejudiced the rights of certain accused to a fair trial.

Continue Reading

Checking In Down Under

Australia

Today’s post is from Robert Wyld (an attorney at Johnson Winter & Slattery in Sydney and the Australia Expert for FCPA Professor) and covers recent developments from Australia in the general area of foreign bribery.

The key issues that are covered include: Australian Securities & Investments Commission and Australian Wheat Board UN Oil-For-Food Cases; Foreign Bribery Law Reforms; Private Sector Whistleblower Protection Reform; and Senate Economics Reference Committee Review of Australian Foreign Bribery Laws.

Continue Reading

Checking In Down Under

Australia

Today’s post is from Robert Wyld (an attorney at Johnson Winter & Slattery in Sydney).

Wyld is the Australia Expert for FCPA Professor.

*****

This year-end review covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 20 December 2017. It has been a busy year for politicians (creating new laws), regulators (pushing for easier ways to investigate and prosecute) and enforcers (Australia’s first foreign bribery convictions). And of course, and very much deserved, much enhanced private sector whistleblower protections are inching ever closer to reality.

Continue Reading

Powered by WordPress. Designed by WooThemes