Preventing corruption – broadly understood as abuse of power for private gain – is an overarching concern across multiple areas of public administration. International and domestic standards provide for governance measures aimed to prevent corruption and create a range of criminal offences that can be used to prosecute it.

This course studies the evolution, content and implementation of these standards from an Australian perspective, with a focus on the challenges presented by confronting corruption in the Asia-Pacific region. It puts them in a broader international context through an examination of anti-corruption laws and enforcement regimes in Australia, the United States and the United Kingdom.

The course studies the implications of corruption and anti-corruption measures for public policy and corporate compliance, especially in the context of international business. A variety of approaches to tackling corruption are considered. This includes both preventive measures, such as governance standards in the public and private sector, and enforcement measures, such as the criminalisation of corruption, anti-money laundering measures, the recovery of the proceeds of corruption and the use of targeted sanctions.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Assess existing approaches to defining and measuring corruption
2. Reflect critically on the role and limitations of criminal law in combatting corruption
3. Critically analyse the role of various non-criminal means of addressing corruption, including anti-money laundering regulation
4. Research and explore the tensions between anti-corruption measures and other public policy objectives, including human rights protection
5. Evaluate the domestic implementation of key international standards

Recommended Resources

There is no required reading for this course, but many of the issues it covers are addressed in Gerry Ferguson, Global Corruption: Law, Theory and Practice (2019), https://open.umn.edu/opentextbooks/textbooks/837>. You are encouraged to look it up as appropriate.

An accessible overview of some the key themes of this course can also be found in JC Sharman, The Despot’s Guide to Wealth Management: On the International Campaign against Grand Corruption (Cornell University Press, 2017).

Most of the recommended reading for each of the classes is provided on Wattle. Make sure to refer to the complete reading guide for references to materials that could not be uploaded on Wattle (e.g. book chapters).

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Class 1 - Defining Corruption09.00-09.30 Introduction to the course. 09.30-10.00 Criminal and other definitions of corruption. Legal and ethical definitions of corruption. Public- and private-sector corruption. Legalised corruption.10.00-10.15 Break.10.15-11.00 Group discussion of case studies
2	Class 2 - Foreign Bribery Laws09.00-10.00 History of foreign bribery legislation. US FCPA 1977. OECD Anti-Bribery Convention. UK Bribery Act 2010. OECD peer-review mechanism.10.00-10.15 Break.10.15-11.00 The unintended consequences of foreign bribery laws.
3	Class 3 - International anti-corruption treaties09.00-10.00 History of UNCAC. Mandatory and non-mandatory criminalisation provisions. Asset recovery provisions.10.00-10.15 Break.10.15-11.00 Regional anti-corruption treaties.
4	Class 4 - Anti-money laundering rules09.00-09.30 The concept of money laundering and its relevance to corruption. The distinction between money laundering and terrorist financing.09.30-10.00 The history of the FATF Recommendations and other AML/CTF measures. Preventive and enforcement components of the AML/CTF regime.10.00-10.15 Break.10.15-11.00 Case studies. Obligations of financial and nonfinancial businesses (CDD, EDD, suspicious matter reporting).
5	Class 5 - Australian corruption law 09.00-09.30 Domestic bribery and corruption provisions. Foreign bribery provisions.09.30-10.00 AML/CTF regulation and supervision.10.00-10.15 Break.10.15-11.00 International cooperation. Australia’s regional anti-corruption engagement
6	Class 6 - Confiscation of the proceeds of corruption09.00-10.00 Criminal and civil confiscation: international experience.10.00-10.15 Break.10.15-11.00 Criminal and civil confiscation: Australian experience.
7	Class 7 - Unexplained Wealth09.00-10.00 Illicit enrichment offence: constitutional and human rights issues10.00-10.15 Break.10.15-11.00 Unexplained wealth orders: Australian, Irish and UK experience.
8	Class 8 - International asset recovery09.00-10.00 Options for international asset recovery. UNCAC asset recovery provisions. Asset recovery sharing agreements.10.00-10.15 Break.10.15-11.00 Case studies.
9	Class 9 - Extraterritorial prosecutions09.00-09.30 ‘Demand side’ foreign bribery prosecutions.09.30-10.00 Money laundering prosecutions.10.00-10.15 Break.10.15-11.00 International law rules on criminal jurisdiction. International law of state immunity.
10	Class 10 - Specialised anti-corruption agencies09.00-10.00 International experience.10.00-10.15 Break.10.15-11.00 Australian experience.
11	Class 11 - Corruption and targeted sanctions09.00-10.00 US experience.10.00-10.15 Break.10.15-11.00 Australian, UK and Canadian experience.
12	Class 12 - Corporate criminal liability09.00-10.00 ‘Too big to jail’ problem. What is the point of corporate criminal liability?10.00-10.15 Break.10.15-11.00 Modes of corporate criminal liability, including failure to prevent offences.
13	Class 13 - Corruption and human rights09.00-10.00 The impact of corruption on human rights.10.00-10.15 Break.10.15-11.00 Corruption and human rights litigation.
14	Class 14 - Corruption and international criminal justice09.00-10.00 The proposal for an International Anti-Corruption Court.10.00-10.15 Break.10.15-11.00 Corruption and universal jurisdiction.

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz	10 %	18/09/2023	26/09/2023	1,2
Blog Post	30 %	13/10/2023	06/11/2023	1,2,3,4,5
Research Essay	60 %	16/11/2023	27/11/2023	2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Quiz

Details of Task: There will be an online quiz, consisting of multiple choice questions.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 10%

Release: 12pm, Friday 15 September 2023 on WATTLE.

Duration: 45 minutes. Once you have commenced your attempt, you will have 45 minutes to complete it. The quiz will finish after 45 minutes and any open attempts will close and be submitted automatically. Please allow sufficient time to complete your attempt.

Due Date: 12pm, Monday 18 September 2023. The quiz will not be available after this date. If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date. However, you can apply for special consideration for your circumstances to be considered.

Estimated Return Date: 26 September 2023. You will receive feedback on your answers through WATTLE.

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 2

Blog Post

Details of Task: In a post of up to 1,800 words, students will be asked to argue in favour or against a given policy or legislative proposal.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 30%

Release: 5pm, 29 September 2023

Word Limit: Up to 1,800 words. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: 5pm, Friday 13 October 2023 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 6 November 2023

Assessment Criteria:

• Understanding of the material taught in the course;
• Ability to identify and address legal and policy issues at hand;
• Clarity of the argument;
• Quality of expression (style).

Assessment Task 3

Research Essay

Details of Task: In an essay of up to 3,600 words, address one of the topics that will be published on Wattle. The research essay will require students to conduct independent research that investigates a theme, issue or policy related to transnational anti-corruption law or policy. Original research will be required. Essays must include a bibliography, which is excluded from the word count. 

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 60%

Release: The list of topics will be published on Wattle on 20 October 2023.

Word Limit: 3,600 words. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: 5pm, Thursday 16 November 2023 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated return date: 27 November 2023

Assessment Criteria:

a) Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c) Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

d) Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students