In addition to special executive liability and executive liability offences, the Miscellaneous Acts Amendments (Directors’ Liability) Act 2012 (NSW) now enables prosecutors to pursue directors and managers who are an accessory to a corporate offence. A director or manager is considered an accessory if he or she:
(a) aids, abets, counsel or procures the commission of the corporate offence, or
(b) induces, whether by threats or promises or otherwise, the commission of the corporate offence, or
(c) conspires with others to effect the commission of the corporate offence, or
(d) is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.
The Act allows an accessory offence to be charged in addition to any corporate offence, irrespective of whether it is committed by the corporation, a special executive liability offence or an executive liability one.
Matthews Folbigg environmental lawyers at Parramatta are able to assist companies and are best engaged to train and inform corporations on how to meet their obligations. It is best not to wait until after an offence has occurred to engage an expert environmental lawyer.