04 Nov
1:00pm - 2:00pm
LIVESTREAM Disembarking to danger
Disembarking to danger: How Australia’s airport asylum policies risk returning refugees to harm Both sides of politics defend Australia’s boat policies on the basis of keeping people from taking dangerous journeys, but the airport refugee screening process reveals a more complex reality. Asylum seekers are currently being turned away at Australian airports and sent back to countries where they may be at risk of serious harm, after being interviewed behind closed doors and without access to lawyers. How did this happen? How does it work? Is it legal? And does COVID-19 offer Australia the opportunity to fashion a fairer, better airport asylum process for those who can safely fly?  Join us for a free online panel discussion on Wednesday 4 November, 1pm-2pm with Shadow Minister for Home Affairs, Senator Kristina Keneally, the Kaldor Centre’s Regina Jefferies, co-author of our policy brief on this process, and ‘Sultan’, who experienced it first-hand when he and his partner fled Saudi Arabia’s punishments for their gay relationship. Leading the discussion will be Human Rights Watch researcher Sophie McNeill, the author of We Can’t Say We Didn’t Know and a former investigative journalist at ABC’s Four Corners who has covered the consequences of this policy.    Our policies aim to prevent asylum seekers from even boarding planes. For those who do manage to arrive, airport officials have the power to make life-or-death decisions about their fate.  Watch some of Sultan’s story in this short video, and delve into the full policy brief, ‘Assessing Protection Claims at Airports: Developing procedures to meet international and domestic obligations’, co-authored by Regina Jefferies (Kaldor Centre), Daniel Ghezelbash (Macquarie Law School), and Asher Hirsch (Refugee Council of Australia/Monash University).
12 Nov
12:30pm - 1:30pm
LIVESTREAM Risk and Regulation: Corporate Criminal Liability
This webinar is facilitated by the Centre for Law, Markets and Regulation (CLMR). Few prosecutions are bought against companies because of the complexity and uncertainty surrounding the criminal liability of corporations. This was a matter for criticism by the recent Hayne Report into the banking and financial services sector. While there are many offence provisions in Australian regulation, the majority are for low level infractions, and do not address inherently criminal conduct. Along with complexity and uncertainty the multiplication of offences also discourages enforcement and further ‘discounts the currency’ of truly criminal sanctions. In August 2020 the Australian Law Reform Commission issued Report 136, in which it made substantial recommendations for the reform of corporate criminal liability. These recommendations range from trying to identify what is conduct worthy of criminal sanction, rules for attributing criminal acts and intent to companies, the nature of a ‘culture of compliance’, the status and effects of acts and intent of company directors and officers, through to new sentencing principles. The relationships and distinctions made between corporate criminal and civil penalty liability were also considered. The speakers for this seminar are all experts in company liability and are engaged with different stakeholders affected by this report. Their perspectives range from the academic, to that of regulators and legal professionals advising boards. This seminar would be of interest to company directors and officers, corporate legal counsel and risk professionals, staff of regulators involved in policy or enforcement, legal academics and lawyers generally. Speakers and topics: Professor Pamela Hanrahan, UNSW Business School, and expert advisor to the Hayne Commission into the banking and financial services sector.Topic: What is inherently criminal? Comparing criminal and civil corporate liability.   Dr Olivia Dixon, Law Faculty, University of Sydney, and member of the ALRC Advisory Committee on this Report 136.Topic: Criminal consequences: Sentencing corporations and new penalty options.   Mr Mark Standen, Partner, MinterEllison, a specialist in advising on corporate law and governance.Topic: Personal criminal liability of directors and officers and its relationship to their companies. Seminar Chair: Professor Dimity Kingsford Smith, MinterEllison Chair in Risk and Regulation, UNSW Law.