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Guilty Corporate Minds: old and new approaches to regulating corporate (mis) conduct



Zoom Webinar


1.00pm – 2.00pm AEDT (1 hour)


25 October 2022


A raft of Casino Royal Commissions has taught us that the regulation of corporate conduct is front page news across the country.

As regulators, we need to understand – and assess – the guilty corporate mind. We need to know whether corporate misconduct is accidental, mistaken, deliberate, knowing or dishonest. This question can affect every stage of enforcement: Whether we proceed informally, through administrative processes or through litigation; how we identify the breaches that have occurred; what we take into account when considering settlement and the terms of any penalties or remedial outcomes.

Recent events highlight that the law’s traditional approaches are notoriously ‘unfit for purpose’ when assessing the guilty corporate mind. The operation of the law sometimes makes it impossible to prove the corporate state of mind. And broader, statutory approaches still struggle to deal with devolved and automated corporate processes, where no one individual holds the requisite guilty state of mind.

Join our eminent panel to reflect on the learnings of the Casino Royal Commissions and discuss a new model of corporate responsibility, entitled ‘Systems Intentionality’ which seeks to improve how we regulate corporate misconduct.

For further reading:

Video Snippets