General context, key principles and hot topics
1 Identify the highest-profile corporate investigation under way in your country, describing and commenting on its most noteworthy aspects.
How sexual harassment is dealt with by organisations remains a significant issue. For the mining industry, a Western Australian parliamentary inquiry into sexual harassment against women in the fly-in-fly-out (FIFO) workforce commenced in 2021 following a series of public reports of sexual assault and harassment in FIFO workplaces. A final report was released almost one year later, in June 2022. The inquiry involved the examination of several high-profile mining companies as well as government regulators, and made shocking findings on the prevalence of sexual harassment and assault in the state’s most lucrative industry sector. The inquiry has coincided with several high-profile listed mining companies undertaking their own independent reviews of sexual harassment in the workplace.
With the need for cultural change in the mining industry now largely recognised, this has seen an increased focus on policy review, investigations and work health and safety reporting in the sector.
2 Outline the legal framework for corporate liability in your country.
Under Australian law, offences committed by ‘a person’ will, unless specifically excluded, include a corporation (including those offences punishable by imprisonment). At a federal level, criminal liability is generally established if both...
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