Self-policing regulation

The ASIC FSR regime and the ACCC cartel whistleblowing immunity rules are unusual in that they are situations where regulators encourage the businesses they supervise to voluntarily disclose their breaches. In fact the Corporations Act FSR provisions say it is an offence not to disclose a breach.

So, are regulators really necessary? In Coerced Confessions the authors examined
a United States Environmental Protection Agency (US EPA) program that
encourages companies to self-disclose violations of environmental laws
and regulations in exchange for reduced sanctions.

The result? Companies are more likely to self-disclose if they were recently
subjected to one of several different enforcement measures and if they
were provided with immunity from prosecution for self-disclosed
violations.

 

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