When companies commit crimes should the courts be able to do more than simply fine them? This is a question raised by an
Issues Paper released by the NSW Law Reform Commission today.In NSW a fine is the most common punishment for a company. Companies cannot be imprisoned and there are few other sanctions available.The Law Reform Commission has put forward a number of options to punish companies that commit crimes. These include:
According to the Executive Director of the Law Reform Commission, Mr Peter Hennessy,
Companies, like individuals, can be convicted of many offences such as fraud, theft, drug importation, perverting the course of justice and contempt of court.A company can commit a crime in one of two ways:
Opinions vary as to whether companies should be held liable for the criminal acts of its employees or senior officials.The Commission is seeking submissions from members of the public on the matters raised in the Issues Paper.Copies of the Issues Paper are available from the Commission -
www.lawlink.nsw.gov.au/lrc.For further information contact Justice Adams, Chairperson, on (02) 9230 8737, or Mr Peter Hennessy, Executive Director, on (02) 9228 8230.