Skip navigation

Submission: Deferred prosecution agreement scheme

The TIA position is that the establishment of a Deferred Prosecution Agreement (DPA) scheme in Australia will only be an effective tool in combating bribery and corruption if it is part of a package of reform measures, and not viewed as a ’get- out-of-jail free’ card by offending corporates.

“Unless the use of settlements for foreign bribery can be seen to be delivering real deterrence and effective sanctions, public confidence across the world in the fight against corruption will be undermined.”

The DPA scheme must be part of a package of reforms to:

  1. Strengthen the present enforcement framework for the offence of bribery of foreign officials making it easier to for law enforcement agencies to prosecute foreign bribery and money laundering offences.
  2. Ensure full implementation of the commitments under the OECD Convention, including full implementation of all OECD Working Group recommendations.
  3. Ensure that where there is proof of bribery of a foreign official by an agent, employee or associate, the organisation itself will also be guilty of an offence unless it can be shown it has an adequate ‘culture of compliance’ and has not condoned such bribes, even implicitly.
  4. Establish clear liability – in other words to provide that when an organisation is guilty of a bribery offence, its complicit directors will be liable where they approved what was happening or cannot show the organisation had an adequate culture of compliance.
  5. Establish whistle-blower protection and reward in the private sector.
  6. Establish a public beneficial ownership register.
  7. Removal of facilitation payment defence – This defence to prosecution should be removed, and guidance given to companies to help them avoid making such payments.
  8. Ensure that sufficient resources continue to be provided to enable the AFP to enforce the laws on bribery of foreign officials.

Continue Reading

Read More
Australia|Foreign bribery|Submission
Submission: Statutory Review of the Crimes Act Legislation Amendment (Combating Foreign Bribery) Act 2024

September 10, 2026

Download Transparency International Australia (TI Australia) is pleased to provide the attached submission to the Statutory Review of the Crimes Act Legislation Amendment (Combating Foreign Bribery) Act 2024.TI Australia’s submission focuses on the following five key priority areas: Prohibiting small facilitation payments Providing legal...

Australia|Anti-corruption commissions|Public integrity|Beneficial ownership|Foreign bribery|Lobbying|Report
Strengthening our democracy for all Australians: An integrity pack for members of Australia’s 48th parliament

February 10, 2025

Download This document highlights the key integrity reforms our federal parliament must enact if we are to build a more democratic Australia. The 48th Parliament presents a key opportunity to enact integrity reforms the Australian people have long been demanding. Transparency International’s Corruption Perceptions...

Australia|Foreign bribery|Submission
Submission: Draft guidance on adequate procedures to prevent the commission of foreign bribery

June 06, 2024

Download Transparency International Australia (TI Australia) is pleased to provide the following comments in response to the government's consultation on developing guidance on adequate procedures to prevent the commission of foreign bribery. Our submission focuses on some substantive issues, definitional improvements and a number...