Bribery & Corruption

Corruption involves the misuse of power or influence for personal gain, often through the exchange of money, gifts, or other benefits. Bribery is a specific form – involving the offering, giving, or receiving of something of value to improperly influence a decision. These offences are prosecuted under both the Criminal Code Act 1995 (Cth) and the Crimes Act 1958 (Vic), and which applies depends on whether the conduct involves a Victorian public officer, a Commonwealth official, or a foreign official.

Penalties for bribery and corruption offences are significant and reflect the seriousness with which Australian courts treat conduct that undermines public trust and market integrity. Under the Criminal Code Act 1995 (Cth), individuals convicted of foreign bribery offences face a maximum penalty of 10 years’ imprisonment as well as substantial fines calculated using Commonwealth penalty units, which are periodically indexed.

Common conduct leading to bribery or corruption charges includes offering, providing, requesting, or accepting benefits intended to improperly influence government or commercial decisions. A “benefit” can include both financial and non-financial advantages, such as money, gifts, confidential information, preferential treatment, or personal opportunities. Under the Crimes Act 1958 (Vic), offences often arise as secret commissions, where an agent (such as an employee or contractor) receives a benefit for acting contrary to their principal’s interests. Federally, the Criminal Code Act 1995 (Cth) criminalises bribery of Commonwealth officials and foreign bribery involving improper influence over overseas decision-makers. Recent reforms also introduced a corporate offence for failing to prevent foreign bribery, meaning companies may be liable where associates engage in bribery unless adequate compliance procedures are in place. Misconduct in public office may also apply where a public official deliberately abuses their position for improper gain, alongside related offences such as interfering with witnesses or evidence.

These cases are technically demanding, often involving extensive financial records, corporate communications, and internal documents across multiple courts and jurisdictions. An experienced lawyer can identify weaknesses in the prosecution’s evidence, challenge improper investigative procedures, engage forensic experts, and build a focused defence aimed at protecting your reputation and securing the best achievable outcome.

Do not speak to investigators, attend a record of interview, or respond to a compulsory examination notice without first obtaining independent legal advice. Contact Slades & Parsons on (03) 9602 3000 as soon as possible. The earlier you engage a lawyer, the more effectively your team can protect your rights and begin preparing your defence.