Organised Crime and Corruption Forum
Panel Speakers

Day 1 – Criminalising Migrant Smuggling; Promoting Safe Migration

Thomas Albrecht is the Regional Representative of the United Nations High Commissioner for Refugees in Canberra, with geographical responsibility for 16 Pacific countries. Mr. Albrecht’s role is to work with governments and other partners to ensure all persons of concern to UNHCR, including refugees, asylum-seekers and stateless persons, receive protection, assistance and durable solutions to their plight. He is also keen to promote long-term cooperation on the protection of persons of concern in the region, and to increase understanding and support for refugees worldwide. Prior to taking up this assignment in early 2014, Mr. Albrecht served as Head of the UNHCR Regional Support Hub in Nairobi. From 2005 to 2009, Mr. Albrecht served as Deputy Regional Representative at the UNHCR Regional Representation for the United States of America and the Caribbean, located in Washington. Before coming to Washington in October 2005, Mr. Albrecht was the UNHCR Representative in Ghana. 

Gian Ege is a senior researcher at the Faculty of Law of the University of Zurich. His research interests lie in the field of substantive criminal law, criminal trial law, European criminal law and criminology. He holds a PhD of the University of Zurich for his work on the role of harsh emotion in the criminal law. He also holds a Master of Law and a Bachelor of Law from the University of Zurich. From 2010 to 2017 he was a research assistant under the auspice of Christian Schwarzenegger at the University of Zurich. From January 2013 to June 2017 he also worked as a part-time legal counsel for asylum seekers in Switzerland and therefore has a broad practical knowledge of the Swiss asylum system.

Federica La Chioma is a prosecutor with the Procura della Repubblica in Palermo, Italy, where she is involved in investigating and prosecuting cases of migrant smuggling.  Her other responsibilities involve the prosecution of cases of trafficking in persons, sexual abuse, domestic violence and internet-based crimes against children. She has also participated in many regional forum on law enforcement cooperation against smuggling of migrants.  Prior to her current position, Federica has work in the judiciary and as an attorney in Rome.  Federica holds a PhD from the Universita degli Studi Guglielmo Marconi in Rome, an LLM from King’s College in London, and a Bachelor of Laws from the Libera Universita Internazionale degli Studi Sociali Guido Carli in Rome.

Madeline Gleeson is a lawyer and Senior Research Associate at the Andrew and Renata Kaldor Centre for International Refugee Law. She holds a Master in International Law from the Graduate Institute of International and Development Studies in Geneva, Switzerland, which she completed after being awarded the prestigious John Monash scholarship in 2012. Madeline also holds a Bachelor in International Studies and Bachelor of Laws with First Class Honours from the University of New South Wales, and a Diploma of Political Studies from the Institut d’Etudes Politiques in Aix en Provence, France. Madeline has extensive experience working with forcibly displaced people around the world. She has worked on statelessness, refugees, human trafficking, labour migration and land grabbing with the Jesuit Refugee Service in Cambodia, and with the United Nations High Commissioner for Refugees (UNHCR) and the International Catholic Migration Commission (ICMC) in Geneva. She also has human rights and refugee experience in South Africa and Indonesia.

Susanne Reindl-Krauskopf is Professor of Criminal Law, Criminal Procedure and Criminology, Head of the Department of Criminal Law and Director of ALES-Austrian Center for Law Enforcement Sciences inf the School of Law at the University of Vienna, Austria.Her main research fields within the area of criminal law, criminal procedure and police law are law enforcement and fundamental rights, tasks and responsibilities  of the executive and the judiciary in law enforcement as well as selected areas of crime, eg smuggling of migrants, trafficking in persons, computer- and cybercrime, corruption in the private and public sector, (fraudulent) abuse of social services, criminal organisations. Ms Reindl-Krauskopf acted as representative of the Permanent Mission of The Holy See to the International Organisations during the development of the UN Convention on Transnational Crime . She is currently member of the Advisory Board of the Section ‘Fundamental Rights and Interdisciplinary Exchange’ of the Austrian Judges‘ Association, of the Criminal Law Commission at the Austrian Chamber of Lawyers, of the Austrian Security Police Academy’s Advisory Board at the Austrian Ministry of the Interior and Corresponding Member of the Austrian Academy of Sciences. Recently, she was appointed member of the Board advising the Austrian Minister of Justice in matters of ministerial instructions to be given to prosecution authorities (‘Weisungsrat’).

Emil Stojanovski is Director of the Transnational Crime Section at the Department of Foreign Affairs and Trade (DFAT), a role he has had since April 2014.  He leads a team providing legal and policy advice on the foreign policy aspects of the government's transnational crime engagement with other countries. The section manages Australia's relationship with the UN Office on Drugs and Crime and the International Narcotics Control Board, and represents Australia at multilateral meetings on anti-corruption, drugs and other crime cooperation issues.  Emil joined DFAT in 2006, and from 2007 to 2009 served as Third, later Second, Secretary at the Australian High Commission in Ottawa, Canada.  From 2009 to 2011 Emil worked in DFAT’s Domestic Legal Branch, advising the department on employment law, industrial and workplace relations, administrative law and intellectual property.  From 2012 to 2014 he served as First Secretary, later Counsellor, at the Australian Permanent Mission to the United Nations in New York.  Emil holds a Bachelor of Laws with Honours and a Bachelor of Arts from the University of Melbourne, and a Graduate Diploma in Legal Practice from the Australian National University.

Day 2 – The Smart Home as a Safer Space

The panel discussion will be facilitated by Antony Funnel, of ABC Radio National’s Future Tense program and the discussants are:  

  • Rebecca Shearman (Domestic Violence Action Centre) – who will discuss current forms of technology-facilitated DFV taking place in the home;
  • Mark Burdon (TC Beirne School of Law) – who will discuss the advent of the smart home and consider future privacy and surveillance considerations regarding DFV ;
  • Farsam Salimi (University of Vienna) – who will outline existing and future forms of cybercrime in the smart home and detail current legal responses.

Day 3 – Anti-Corruption in the Company

Professor Liz Campbell is a professor of Criminal Law at Durham Law School, and is convenor of the Centre for Criminal Law and Criminal Justice. Prof Campbell is also the School’s Director of Research Funding, and a member of the AHRC Peer Review College. Prof Cambell's research looks at how and in what ways the criminal law and criminal process responds to politicised social problems, particularly how legal definitions are constructed, and how the politics of definitions determines and affects legal measures. Prof Campbell uses this lens to explore laws on organised crime, white collar crime and corruption, the presumption of innocence, and the trial process more broadly. Her work is socio-legal in considering the law in context, and often involves a comparative dimension. 

Abstract: Criminalising corporate failure in the UK: a cautionary tale?
Under common law, the imposition of criminal liability on corporate entities has long been fraught with difficulty. To remedy this, the Bribery Act 2010 introduced an offence of failure to prevent bribery, which has now been emulated in respect of the facilitation of tax evasion in the Criminal Finances Act 2017. In this presentation I chart the development of this approach to corporate criminal liability in the UK, and examine the rationales for and benefits of such a 'failure to prevent’ model. I consider the consequences of extending the model more widely, given the implications for corporate due process rights and individual criminal liability.

Professor Roman Tomasic (University of South Australia) has been internationally active as a legal scholar and commercial law researcher and has worked at universities and with governments and the professions in Australia, Hong Kong, the United Kingdom and the United States. Since 2012 he has been Professor of Law in the School of Law at the University of South Australia having previously served as Chair in Company Law at Durham Law School (2007-2012).  He is an Emeritus Professor of the University of Canberra and has been Chair of the Australasian Law Teachers Association and a Member and Fellow of the Australian Academy of Law.   Dr Tomasic has a particular research interest in comparative corporate governance and insolvency issues, and in the use of empirical methods in legal research.  He has published widely and recently edited Handbook of Corporate Law (Routledge, 2016) and  Research Handbook on Transnational Corporations (with A. de Jonge)(Edward Elgar, 2017).  He has also worked as a consultant for the World Bank, the OECD, AusAID and GTZ on commercial law and development issues in East Asia and been the recipient of a number of major ARC grants.

Abstract: Corporate Corruption, Globalization and the Limits of Anti-Bribery Laws
As markets have become increasingly globalized as a result of information technologies, corporate activity is increasingly global in character. At the same time the nation sate is facing problems in effectively regulating corporate activity taking place outside its territorial boundaries thereby presenting major challengers for corporate regulators. This has been evident in a number of areas of corporate activity, although efforts to deal with the bribery of foreign officials and the provision of facilitation payments by corporations have generated increasing public attention around the world because of their corrosive effects upon free markets. In many ways, the reliance upon such practices reflects a prevailing culture within globally active corporations. The development of more robust internal corporate norms regarding such corporate payments is at least as important as the enactment of effective anti-bribery laws by national legislatures. Drawing upon a number of case studies, this paper will examine the degree to which enhanced corporate codes of conduct and the constitutionalisation of global markets have the potential to build more effective norms and regulatory mechanisms for dealing with such practices.

Dr Kath Hall (Australian National Univeristy) is an internationally recognized expert on Transnational Anti-Corruption and Foreign Bribery Regulation. She regularly speaks on these topics at the International Anti-Corruption Academy (IACA), at International Bar Association (IBA) Conferences and with Australian authorities such as the Federal Police and the Attorney General’s Department. She is a Director of the Transnational Research Centre on Corruption (ANU) and the chair of the IBA Drivers of Corruption Sub-Committee. Her doctoral research was on psychology and corporate misconduct. Kath is currently a lead researcher on a large empirical project investigating positive organizational responses to whistleblowing in the public, private and not for profit sectors. She is also a member of the expert panel advising the ISO on the possible introduction of a global standard on best practice whistleblower processes.

Abstract: The Importance of Effective Corporate Whistleblower Policies and Laws
In the first half of 2017, two federal government reviews took place into Australia’s corporate whistleblower laws. The reports from these reviews are due to be released in August 2017 and are likely to suggest significant proposals for reform. This paper will discuss these proposals focusing on both their strengths and limitations in the context of global whistleblower regulation. It will also discuss why private sector whistleblower laws are important and the role that psychology can play in helping to understand how best to design effective whistleblower systems.

Dr Jonathan Clough is a Professor and Director (Higher Degrees by Research) in the Faculty of Law, Monash University, Australia. Dr. Clough teaches and researches in the areas of criminal law and evidence, with a particular focus on corporate criminal liability, judicial communication with jurors and cybercrime. He has published widely in national and international journals, and is co-author of The Prosecution of Corporations (Oxford University Press, 2002) and the author of Principles of Cybercrime 2nd edn (Cambridge University Press, 2015). He has provided advice to governmental and international organisations, including as a member of the Commonwealth Cybercrime Expert Working Group and the Victorian Jury Directions Advisory Group. He is currently concluding an ARC Linkage Project with the Victorian Department of Justice on improving judicial communication with jurors.

Abstract: Corporate Bribery Offences: What Now for Corporate Culture?
The current bribery offence under s. 70.2 Criminal Code Act applies to corporations as well as individuals. Where the offence is alleged to have been committed by a body corporate, liability is determined according to the corporate criminal liability provisions under Part 2.5 of the Code. A centerpiece of these provisions is the ability to prove corporate criminality by establishing a ‘corporate culture’ which encouraged or tolerated the relevant offence. While a sophisticated model of liability, in practice it is little used and the government has proposed a new corporate offence of failing to prevent foreign bribery, similar to s. 7 of the UK Bribery Act 2000. However, far from moving away from notions of corporate culture, such offences place the burden of proving that appropriate systems were in place on the entity itself. This is part of a broader trend of imposing criminal liability for organisational fault, rather than on the basis of individual liability. Matters of ‘corporate culture’ are therefore potentially relevant at each stage of the prosecution process, from the decision to prosecute, to imposition of liability and defences, to sentencing. In the context of transnational operations, corporations may find themselves dealing with similar concepts in foreign courts. Drawing on examples from Australia and internationally, this paper considers the increasing role of organizational fault in corporate liability for corruption, its significance in striking an appropriate balance between effective enforcement and an accused’s rights, and its relevance to corporate liability more broadly.

Peter Lewisch is professor of criminal law at the University of Vienna where he focusses in particular on business and white collar crime and procedure. He has a doctorate in law and in economics, an additional venia docendi in constitutional law and is also a practicing lawyer. His extensive international and interdisciplinary work has taken him to all major US universities (including Harvard, Yale, Stanford, Berkeley and Cornell), to Brisbane, and in recent years to many Asian universities as well. Professor Lewisch is also the director of the Center for the Economic Analysis of Law at Vienna University.

Abstract: Corporate Criminal Liability for Foreign Bribery: Perspectives from Civil Law Jurisdictions with the European Union 
Continental legal system differs from their Anglo-American counterparts in a number of respects. However, their legal policy goals are comparable, in particular, as they are defined in an international context. One common denominator is the need to combat corruption effectively. To this end, Continental jurisdictions have gradually relented in their traditional reluctance to apply criminal punishment to legal entities. This presentation explains the characteristics and shortcomings of the relevant 2006 Austrian law. It critically examines a case concerning international bribery in which the constitutionality of the legislation was challenged. The Act was upheld, though the Constitutional Court’s reasoning was weak. The presentation also addresses the role of independent third parties (‘agents’) in international business transactions and discusses alternative legal remedies, drawing on comparators from other European civil law states (eg the Netherlands and Switzerland).

Day 4 – Sports Corruption: Transnational Perspectives

Professor Jack Anderson is a leading sports law scholar, with an international reputation for his ground-breaking work in the field. A graduate of Limerick University, Jack obtained his PhD from Queen’s University Belfast and has been a senior research scholar at Limerick and a visiting fellow at Griffith, ANU, and Marquette and was a recipient of Leverhulme Fellowship.

Reynald Lastra is a doctoral candidate in the School of Criminology and Criminal Justice at Griffith University and a post-graduate research scholar with the Queensland Academy of Sport’s Sport Performance Innovation and Knowledge Excellence unit. In 2015, Reynald received First Class Honours for his dissertation, examining the “Impact of sports betting on the integrity of Australian sport”. His current work aims to develop a framework for the prevention and management of betting-motivated corruption in Australian sport by applying successful concepts from the prevention and regulation of corruption in other sectors.

Hosts: Professor Simon Bronitt and Professor John Mangan (The University of Queensland).