This paper accompanied a presentation given by Justin Brereton in March 2015. Both the presentation and this paper consider the criminal sanctions and civil penalties imposed for directors’ breaches under the Corporations Act 2001 (Cth) (“the Act”). Also considered are the potential criminal and civil penalty considerations relevant to company directors arising under superannuation and occupational health and safety legislation. Finally, there is a discussion of the recent developments and issues surrounding penalty privilege and the privilege against self-incrimination, as those matters relate to company directors, in the context of civil litigation.
The paper can be viewed here.