Do you think that the reforms provided would provide a balanced and workable means of ensuring that corporations are accountable for serious breaches of Australian legislation?

Australian Law Reform

Question 2 – In April 2020, the Australian Law Reform Commission (‘ALRC’) handed down its Report 136 on Corporate Criminal Responsibility. The ALRC’s report made a number of recommendations for reforming the Criminal Code Act 1995 (Cth) as it applies to offences committed by corporations. Do you think that these reforms would provide a balanced and workable means of ensuring that corporations are accountable for serious breaches of Australian legislation?

English: Aus or UK writing and double spaced

Country/law: Australian Corporate Law

Sources: recommended 10, but if the essay is of a good standard with fewer sources, or with more, this is acceptable.

Suggested resources for Question 2 as a starting point:
John Colvin ‘Criminal director liability: A bridge now too far?’ (2020) 35 Australian Journal of Corporate Law 187

Elise Bant ‘Reforming the Laws of Corporate Attribution: Systems Intentionality Draft Statutory Provision: I. Introduction’ (2022) 39(5) Company and Securities Law Journal 259

Samuel Walpole ‘Criminal responsibility as a distinctive form of corporate regulation’ (2020) 35 Australian Journal of Corporate Law 235

 

Do you think that the reforms provided would provide a balanced and workable means of ensuring that corporations are accountable for serious breaches of Australian legislation?
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