New anti-bribery reforms

As part of our ongoing commitment to integrity and ethical governance, ACU will implement new measures to align with Australia’s updated anti-bribery legislation introduced under the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024. This new legislation took effect on 8 September 2024.

What are the new reforms?

The reforms introduce a new corporate offence of failing to prevent foreign bribery. This means that ACU could be liable if an associate (including employees, contractors, or agents) commits bribery. The legislation imposes absolute liability, meaning that ACU could face penalties even if the bribery was unintentional, unless it can demonstrate it had adequate procedures in place to prevent such acts.

How do these reforms affect ACU?

Through global partnerships, foreign research collaborations, and a network of international students and agents, ACU is exposed to potential risks related to foreign bribery. These new reforms require ACU to strengthen its anti-bribery measures and align its policies and procedures with anti-bribery legislation.

What do you need to know?

To ensure compliance, ACU will introduce a series of procedures, policies, and training modules aimed at preventing bribery, including:

• Fraud and Corruption Control Framework: ACU will strengthen its Fraud and Corruption Control Framework by expanding on anti-bribery measures.
• Anti-Bribery and Corruption Policy: This new policy will prohibit offering, accepting, or facilitating bribes, making facilitation payments, or giving or receiving improper gifts. It applies to all ACU staff and third parties acting on behalf of ACU. The Anti-Bribery and Corruption Policy will be supported by the Fraud and Corruption Control Framework and will be followed by the Anti-Bribery and Corruption Procedures.
• Risk assessment tool: ACU will introduce a Foreign Bribery Risk Assessment Tool, specifically designed for high-risk departments and faculties to identify and mitigate potential bribery risks in their operations. This tool will help departments and faculties calculate an inherent risk score by assessing both geographic risk and business activity risk associated with their activities.
  The purpose of this tool is to ensure that departments and faculties can systematically evaluate their exposure to foreign bribery risks, particularly in overseas operations, and implement appropriate controls to mitigate these risks.
• Training and awareness: ACU will launch anti-bribery training to ensure staff understand their obligations and how to navigate potential bribery scenarios.
• Reporting mechanisms: ACU staff are encouraged to report any suspected instances of bribery and should be guided by ACU’s Protected Disclosure Policy and Procedures, with anonymity guaranteed where required.

Next steps

It is essential for all ACU staff to:

• Review the Fraud and Corruption Control Framework and ensure you understand how it applies to your role.
• Complete the required training when it is launched later this year.
• Familiarise yourself with the risk assessment tool and reporting channels for bribery and corruption concerns, once available.
• Keep an eye out for the new Anti-Bribery and Corruption Policy.

By staying informed and engaged, you play a crucial role in upholding ACU’s commitment to ethical conduct and ensuring compliance with these important reforms.