Corporate liability and compliance
The TC Beirne School of Law proudly presents Corporate Liability and Compliance, the November offering in its Continuing Professional Development seminar series.
Held in conjunction with the Basel Institute on Governance and Transparency International – Australia, this one-day seminar addresses the past, present and future of corporate criminal liability law ahead of the G20 Summit in Brisbane.
Switzerland’s Gemma Aiolfi shares her extensive experience in compliance, integrity risk management and collective action, whilst Sydney’s Jane Ellis contributes a local perspective as a director of one of Australia’s leading anti-corruption NGOs.
Together, the facilitators review key common and civil law approaches to corporate accountability for crime and reflect on the likely development of this area of regulation. The implications for multinational companies, their board members and employees are considered from a transnational perspective. Through group work and discussion, participants engage with the challenges of implementing effective systems for compliance.
The seminar is timed to coincide with the launch of Corruption, Asset Recovery and the Protection of Property in Public International Law: The Human Rights of Bad Guys (Cambridge University Press, 2014) by UQ’s own Dr Radha Ivory.
This event is accredited for CPD purposes by the Queensland Bar Association (Code: UQ141106). Participants will accrue 1 CPD point per hour of attendance in the non-allocated strand unless otherwise advised.
Information correct as at date of event.
Head of Compliance, Corporate Governance and Collective Action, Basel Institute on Governance
Gemma Aiolfi has been the Head of Compliance, Corporate Governance and Collective Action at the Basel Institute on Governance since July 2013. Prior to that she was Legal Counsel to the Integrity Department and the internal Office of Special Investigations at ABB AG in Oerlikon Zurich. Her main focus was on legal advice on internal corruption allegations in connection with the US Deferred Prosecution Agreement.
Ms. Aiolfi was Executive Director and Global Head of Anti-Corruption from 2005 to 2011 at UBS AG in Zurich, where she gained broad eperience in anti-corruption and anti-money laundering and sanctions compliance in the Group Money Laundering Prevention Unit. From 2001 to 2005 she was seconded by the OECD to work at the University of Basel, where she helped to establish the Basel Institute on Governance. Between 2004 and 2005 Ms. Aiolfi was advisor to the UN Independent Inquiry Commission on the Iraq Oil for Food Program. Ms. Aiolfi studied at the London School of Economics, Basel and Stockholm Universities and was called to the bar of England and Wales and practiced as a barrister in London before moving to Switzerland.
Board member of the Australian Chapter of Transparency International and Principal of Assertia Pty Ltd
Jane Ellis is a board member of the Australian Chapter of Transparency International (an anticorruption civil society organization). She has been a member since 1996 and a board member since 2001 (with a gap from 2004-2007). Jane is also a board member of WaterAid Australia – a industry-based, non government organisation that aims to improve access to hygiene, clean water and sanitation to those who are most in need – and the Chair of its Governance and Nominations Committee.
Jane has presented widely – from company and / or board specific seminars to international conferences – on anti-corruption and competition law. She is a regular contributor to various anti-corruption interest groups and has a number of publications, including the Australian chapter of the most recent edition (2014) of Getting the Deal Through: Anti-Corruption Regulation, with Rob Smith (co-author).
Jane is the Principal of Assertia Pty Ltd, a business that works with companies to strengthen their corporate cultures – that is, their corporate governance, standards, ethics and values – and to effect change across their organisation. She was formerly a competition partner at the law firm Ashurst.
Jane has an Arts degree in archaeology and anthropology from the Australian National University (ANU), a Law degree (honours) from the University of Melbourne and a master’s degree in Public Policy (International Development) from the ANU.
|08:00 - 08:15||Registration|
|08:15 - 08:20||Welcome and introductions|
|08:20 - 09:00||
Models of corporate criminal liability and their relevance to Australian companies
Gemma Aiolfi | Jane Ellis | Radha IvoryThis session reviews the history of corporate criminal liability law, and the key models for assigning guilt to legal persons, as relevant to Australian companies.
|09:00 - 09:45||
Corporate criminal liability principles in the US and UK
Gemma AiolfiThis session considers the key common law developments in corporate criminal liability standards, focusing on the US Sentencing Commission Guidelines Manual, recent deferred and non-prosecution agreements, and the UK Corporate Manslaughter and Corporate Homicide Act 2007 and Bribery Act 2010.
|09:45 - 10:15||
Corporate criminal liability under Australia’s Criminal Code
Jane EllisThis session explores Australia’s well-developed but, as yet, untested federal principles on corporate criminal liability. The Commonwealth law will become more significant as federal agencies respond to international pressure to increase enforcement of anti-foreign bribery legislation.
|10.15 - 10:45||Morning tea|
|10.45 - 11:15||
Civil Law approaches to corporate criminal liability
Gemma AiolfiThis session traces the evolution of corporate criminal liability standards in civil law jurisdictions, using the examples of Switzerland, Germany, and Brazil.
|11.15 - 12:00||
The future of corporate liability rules
Gemma Aiolfi | Radha IvoryThis session looks at the scope of corporate liability today and its likely future development. Human rights, privacy, and environmental standards are an increasing concern to consumers and regulators, along with economic crimes, like corruption.
|12:00 - 13:00||Lunch|
|13:00 - 14:00||
Developing an effective compliance programme
Gemma Aiolfi | Jane EllisWhat does it mean for companies to diligently prevent, detect, investigate, and respond to misconduct. This session reviews best practice in compliance, acknowledging the practical challenges and identifying possible responses.
|14:00 - 15:50||Examples of dilemmas and good practice: group exercises and discussion|
|15:50 - 16:00||Summary and close|
|17:00 - 19:00||Official book launch: The Human Rights of Bad Guys|