Proposed model for a deferred prosecution agreement scheme in Australia

On 31 March 2017, the Minister for Justice, the Hon Michael Keenan MP, released a public consultation paper on a proposed model for a Deferred Prosecution Agreement (DPA) scheme. A DPA scheme is a key focus of the Australian Government’s consideration of options to facilitate a more effective and efficient response to corporate crime by encouraging greater self-reporting by companies.

Under a DPA scheme, where a company has engaged in a serious corporate crime, prosecutors would have the option to invite the company to negotiate an agreement to comply with a range of specified conditions. The terms of the DPA would likely require the company to cooperate with any investigation, pay a financial penalty, admit to agreed facts, and implement a program to improve future compliance. A company would not be prosecuted in relation to the matters outlined in the DPA where the company fulfils its obligations under the agreement.