Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 2.5 - Corporate criminal responsibility  

Division 12  

SECTION 12.4   Negligence  

The test of negligence for a body corporate is that set out in section 5.5.


(a) negligence is a fault element in relation to a physical element of an offence; and

(b) no individual employee, agent or officer of the body corporate has that fault element;

that fault element may exist on the part of the body corporate if the body corporate ' s conduct is negligent when viewed as a whole (that is, by aggregating the conduct of any number of its employees, agents or officers).

Negligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:

(a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or

(b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.