Submission to the Senate Economics References Committee: Penalties for White-Collar Crime

Abstract

This submission was made to the Senate Economics References Committee in relation to its inquiry into penalties for white-collar crime, for which a public hearing was held on 6 December 2016. The purpose of the inquiry was to identify and deal with any inconsistencies and inadequacies of current criminal, civil and administrative penalties for corporate and financial misconduct or white-collar crime, with particular reference to: (a) evidentiary standards across various acts and instruments; (b) the use and duration of custodial sentences; (c) the use and duration of banning orders; (d) the value of fine and other monetary penalties, particularly in proportion to the amount of wrongful gains; (e) the availability and use of mechanisms to recover wrongful gains; (f) penalties used in other countries, particularly members of the Organisation for Economic Co-operation and Development [OECD]; and (g) any other relevant matters. This submission address the following terms of reference: (b), (c), (d), (e) and (g). The following issues are discussed in detail: - distinguishing individual white-collar crime from common crime and corporate crime; - the purpose of imposing penalties in a white-collar context; - the overuse of custodial sentences; and - appropriate penalties for individual white-collar offenders. This submission includes 22 recommendations for reform of the Crimes Act 1914 (Cth), the Corporations Act 2001 (Cth) and the Sentencing Act 1991 (Vic).