Comments on: A Focus On Australia http://www.fcpaprofessor.com/a-focus-on-australia A Forum Devoted to the Foreign Corrupt Practices Act Wed, 01 May 2013 10:47:49 +0000 hourly 1 http://wordpress.org/?v=3.4.2 By: Howard WHITTON http://www.fcpaprofessor.com/a-focus-on-australia#comment-18350 Howard WHITTON Wed, 27 Jun 2012 11:37:41 +0000 http://www.fcpaprofessor.com/?p=4895#comment-18350 Thank you for a most comprehensive update. I would only add a couple of clarifications: firstly, there is no Whistleblower Protection (etc) Bill currently under consideration in the federal Parliament, though a Bill has been in drafting since late 2009. The draft Bill has not been exposed for public consultation, and the government has responded (in 2010) only formally and in principle to the 2009 report by a parliamentary committee (the 'Dreyfus Committee'), which recommended that the federal government adopt a version of the currrent Australian State and Territory WBP laws, all of which follow a similar approach, (focused on the disclosure rather than the whistleblower), which is radically different from that of the USA's federal law. See: http://www.theaustralian.com.au/business/legal-affairs/jail-for-one-and-safety-for-the-other/story-e6frg97x-1225781823801 Second, the prosecution of various alleged foreign bribery offences by executives of Securency Corp and Note Printing Australia (subsidiaries of the Reserve Bank of Australia)has recently elicited at least one plea of guilty - see: http://www.smh.com.au/national/securency-boss-to-testify-against-other-bribe-accused-20120608-201g7.html Third: it is arguable that Australia does not fully comply with the UNCAC, which it has signed and ratified: this argument rests on three grounds - Australia has no National Anti-Corruption Plan in place, (though a Plan has been in the development process since in December 2011, five years after Australia signed up to the UNCAC); there is also no specialised national corruption-prevention agency (the much-cited Sydney-based ICAC is a State agency); and there is no Whistleblower Protection / Public Interest Disclosure law at the federal level, even though there have been (mostly) effective WBP/PID laws at the state level for almost two decades.(I was a principal author of the first such law in 1991/94 for the state of Queensland, which was recently re-endorsed as a model by the two research projects cited in your summary). regards Howard Whitton ANZSOG National Institute for Governance The University of Canberra Thank you for a most comprehensive update.

I would only add a couple of clarifications: firstly, there is no Whistleblower Protection (etc) Bill currently under consideration in the federal Parliament, though a Bill has been in drafting since late 2009.

The draft Bill has not been exposed for public consultation, and the government has responded (in 2010) only formally and in principle to the 2009 report by a parliamentary committee (the ‘Dreyfus Committee’), which recommended that the federal government adopt a version of the currrent Australian State and Territory WBP laws, all of which follow a similar approach, (focused on the disclosure rather than the whistleblower), which is radically different from that of the USA’s federal law. See: http://www.theaustralian.com.au/business/legal-affairs/jail-for-one-and-safety-for-the-other/story-e6frg97x-1225781823801

Second, the prosecution of various alleged foreign bribery offences by executives of Securency Corp and Note Printing Australia (subsidiaries of the Reserve Bank of Australia)has recently elicited at least one plea of guilty – see: http://www.smh.com.au/national/securency-boss-to-testify-against-other-bribe-accused-20120608-201g7.html

Third: it is arguable that Australia does not fully comply with the UNCAC, which it has signed and ratified: this argument rests on three grounds – Australia has no National Anti-Corruption Plan in place, (though a Plan has been in the development process since in December 2011, five years after Australia signed up to the UNCAC); there is also no specialised national corruption-prevention agency (the much-cited Sydney-based ICAC is a State agency); and there is no Whistleblower Protection / Public Interest Disclosure law at the federal level, even though there have been (mostly) effective WBP/PID laws at the state level for almost two decades.(I was a principal author of the first such law in 1991/94 for the state of Queensland, which was recently re-endorsed as a model by the two research projects cited in your summary).

regards
Howard Whitton
ANZSOG National Institute for Governance
The University of Canberra

]]> By: Dean Dannock http://www.fcpaprofessor.com/a-focus-on-australia#comment-18348 Dean Dannock Wed, 27 Jun 2012 05:48:37 +0000 http://www.fcpaprofessor.com/?p=4895#comment-18348 A very informative article, thank you. A very informative article, thank you.

]]> By: Australians don't pay bribes http://www.fcpaprofessor.com/a-focus-on-australia#comment-18347 Australians don't pay bribes Tue, 26 Jun 2012 23:49:23 +0000 http://www.fcpaprofessor.com/?p=4895#comment-18347 Well done. This piece is the most accurate summation of the current state of play in the fight against foreign bribery in Australia. Well done. This piece is the most accurate summation of the current state of play in the fight against foreign bribery in Australia.

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