Regulator-Required Corporate Compliance Program Audits

This paper critically examines the ability of compliance program audits to provide adequate assurance of compliance system performance. The empirical evidence comes from the use of compliance program audits in monitoring compliance with enforceable undertakings agreed upon between companies (that have allegedly breached the law) and the Australian Competition and Consumer Commission and the Australian Securities and Investments Commission. The evidence suggests that the primary value of compliance program audits in this context is as a management review that induces better compliance. Nevertheless, it may be the formal regulatory expectation of verification (and the belief that it is possible) that gives the compliance review its power to encourage management to listen and respond to auditors' recommendations for improvement.
The danger is that the review aspect of the audit will be captured by management concerns. This is evident in a tendency for the audit methodology to focus on management systems at the expense of forensic investigation of harm done (or likely to be done) to consumers and investors, and in a failure to seek out public opinion and input. This style of audit undermines the basic regulatory objective of democratic accountability for corporate responsibility. I conclude by using the literature on critical social audits to show that there is, nonetheless, significant potential for compliance program audits to open corporate management to democracy, and to make some suggestions as to how this might be possible.     

STATESMEN IN DISGUISE*

It is a daunting honour to tread in the illustrious footsteps of those who have previously delivered this Oration. It is also a personal pleasure, because Sir Robert Garran was the gracious and tolerant chairman of the Canberra University College Council that gave me my first academic post. Impressive but totally unpretentious, Sir Robert was a man that I could look up to, literally as well as figuratively. In 1938, however, I was scarcely aware that Garran had been the first Commonwealth public servant, a permanent head for thirty-one years and, as Attorney-General John (later Sir John) Latham put it a few days after Garran retired in January 1932, "guide, philosopher and friend to every Federal Cabinet" during those years¹     

Forensic dental training in Australia

To facilitate in the identification of victims of a major disaster a trained dental manpower reserve is required. In the state of New South Wales, Australia, an annual three-day training course has been designed to familiarize dentists from both the public and private sectors with identification techniques. The course is aimed to preserve the flexibility of personnel so that they can be utilized in a variety of roles rather than rigidly structuring the make up of a team. It is envisaged though, that in a mass disaster situation teams would be specialized into dental autopsy, antemortem or comparison roles.