Melbourne Law School - Research Publications
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ItemCorporate Compliance Systems Could They Make Any Difference?(SAGE PUBLICATIONS INC, 2009-03)This article critically appraises the potential of corporate compliance systems to influence corporate behavior. The authors differentiate between the adoption of formal compliance management systems and the way compliance is managed in practice in business organizations by reference to scholarly literature and analysis of survey responses from 999 large Australian businesses about their implementation of competition and consumer protection law compliance systems. Their analysis shows that at least some elements of compliance systems can translate into good management of compliance in practice. But management commitment to compliance values, managerial oversight and planning, and organizational resources are just as important.
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ItemDo Businesses Take Compliance Systems Seriously? An Empirical Study of the Implementation of Trade Practices Compliance Systems in Australia(Melbourne University, Law Review Association, 2006)
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ItemThe Two Faces of Lawyers: Professional Ethics and Business Compliance with Regulation(Georgetown University Law Center, 2009)
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ItemThe Pluralization of Regulation(De Gruyter, 2008)
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ItemNo Preview AvailableThe 'Compliance' Trap: The Moral Message in Responsive Regulatory Enforcement(Wiley, 2006)Simple deterrence will often fail to produce compliance commitment because it does not directly address business perceptions of the morality of regulated behavior. Responsive regulation, by contrast, seeks to build moral commitment to compliance with the law. This article shows that a regulator can overcome the deterrence trap to improve compliance commitment with the skillful use of responsive regulatory techniques that “leverage” the deterrence impact of its enforcement strategies with moral judgments. But this leads it into the “compliance trap.” The compliance trap occurs where there is a lack of political support for the moral seriousness of the law it must enforce, such as is the case with cartel enforcement in Australia. In these circumstances, business offenders are likely to interpret the moral leveraging of responsive regulation as unfair or stigmatizing, and business perceptions of regulator unfairness are likely to have a negative influence on long-term compliance with the law. Moreover, big businesses that perceive regulatory enforcement as illegitimate are also likely to actively lobby for the political emasculation of the regulator. In these circumstances, most regulators are likely to avoid conflict by taking the easy option of enforcing the law “softly,” and therefore ineffectively.
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