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Submissions for this consultation closed on Monday, 1 May 2017

On 31 March 2017, the Minister for Justice, the Hon Michael Keenan MP, released a public consultation paper on a proposed model for a Deferred Prosecution Agreement (DPA) scheme. A DPA scheme is a key focus of the Australian Government’s consideration of options to facilitate a more effective and efficient response to corporate crime by encouraging greater self-reporting by companies.

Under a DPA scheme, where a company has engaged in a serious corporate crime, prosecutors would have the option to invite the company to negotiate an agreement to comply with a range of specified conditions. The terms of the DPA would likely require the company to cooperate with any investigation, pay a financial penalty, admit to agreed facts, and implement a program to improve future compliance. A company would not be prosecuted in relation to the matters outlined in the DPA where the company fulfils its obligations under the agreement.

The following consultation paper outlines a proposed model for an Australian DPA scheme:

Submissions

Submissions for this consultation paper closed on 1 May 2017. We received 18 responses from a broad range of stakeholders, with one withheld from publication at the request of the author. Copies of the responses received are available below.

If you experience issues accessing any of these submissions, please contact criminal.law@ag.gov.au for assistance in providing an alternate version.