Report

‘Lifting the fear and suppressing the greed’: Penalties for white-collar crime and corporate and financial misconduct in Australia

23 March 2017

View the report as a single document - (PDF 594KB)

View the report as separate downloadable parts:

Senate Economics References Committee	(PDF 21KB)
List of recommendations	(PDF 8KB)
Chapter 1 - Introduction and Overview	(PDF 94KB)
Submissions and public hearings Defining 'white-collar crime' and 'corporate and financial misconduct' Is Australia a 'paradise' for white-collar crime? Impacts of white-collar crime and corporate and financial misconduct Recent inquiries and reports regarding the penalties issue Structure of this report
Chapter 2 - Overview of the current penalty framework	(PDF 100KB)
Categories of penalties for white-collar crime and financial misconduct Responsibilities for enforcement and the application of penalties Views on the adequacy and consistency of the current penalty framework Committee view
Chapter 3 - The investigation and prosecution of white-collar crime and corporate and financial misconduct	(PDF 113KB)
Evidentiary standards and white-collar offences Deterrence dependent on prospects of detection and prosecution Encouraging corporate cooperation and compliance Committee view
Chapter 4 - Sentencing, deterrence and custodial sentences	(PDF 128KB)
Purposes of penalties and sentencing Custodial sentences for white-collar offences Mandatory sentencing Committee view
Chapter 5 - Banning orders and infringement notices	(PDF 63KB)
Importance of banning and disqualification orders Committee view Infringement notices Committee view
Chapter 6 - Monetary penalties and disgorgement	(PDF 89KB)
Adequacy of current maximum monetary penalties Limitations of monetary penalties in cases involving bankruptcy Disgorgement powers Committee view
Additional comments from the Australian Greens	(PDF 26KB)
Detection and deterrence: Fear is the key Targeting those responsible Strong and consistent penalties: Make the time fit the crime Public reporting: name and shame
Appendix 1 - Submissions received	(PDF 16KB)
Submissions received in the 44th Parliament Submissions received in the 45th Parliament
Appendix 2 - Additional information, tabled documents and answers to questions on notice received	(PDF 11KB)
Additional information Tabled documents Answers to questions on notice
Appendix 3 - Public hearings and witnesses	(PDF 9KB)

Committee Secretariat contact:

Senate Standing Committees on Economics
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3540
economics.sen@aph.gov.au

Report

‘Lifting the fear and suppressing the greed’: Penalties for white-collar crime and corporate and financial misconduct in Australia

Committee Secretariat contact:

About this inquiry

Past Public Hearings