SECTION 4

GUIDING PRINCIPLES TO MINIMISE THE RISK
OF CRIMINAL LIABILITY FOR CORRUPTION

 

The primary principle:  To minimise the risk of incurring criminal liability for corruption offences, the primary principle is: Always act honestly.

 

 

The subsidiary principles:  In order to assist you to understand the implications of the primary principle, the following are some subsidiary guiding principles:

 

  1. Do not make any oral or written statement which you believe is or might be untrue or misleading.  For example, only submit or approve claims and supporting documents that you honestly believe are true, and do not make or submit false, inaccurate, misleading or exaggerated records, invoices, claims, applications for variations or extensions of time, or requests for payment.

  2. Do not dishonestly withhold information.  For example, if you are aware that your company was responsible for part of the delay on a project, then this should be disclosed in any related claim made by your company.

  3. Do not dishonestly provide, conceal, or approve work, materials, equipment or services which are not of the quality and quantity required under contract.  For example, if you are the director of a contractor which has carried out defective works, then you should ensure that this is disclosed to the client.

  4. Do not dishonestly refuse or fail to comply with your obligations.  For example, do not dishonestly refuse to approve or delay in approving, work, materials, equipment, services, invoices, claims, applications for variations or extensions of time, or requests for payment.  Similarly, do not dishonestly refuse to pay or delay in paying sums which are due.

  5. Do not become involved in any activity which you believe will or might involve dishonesty.  For example, only be a party to a joint venture where you believe all parties intend to act honestly.

  6. Do not comply with any instruction to act dishonestly or which may require you to act dishonestly.  For example, refuse any instruction to inflate a claim fraudulently, or to meet a profit target which you know could only be done by dishonest means.

  7. Do not instruct any other person to act dishonestly.  For example, do not give instructions that a contract must be won by whatever method is necessary, thereby implying that dishonest means are acceptable.

  8. Do not instruct any other person to act in such a way as might lead to dishonesty.  For example, do not impose unrealistic deadlines or targets on your employees or offer them commissions which you know will or might pressure or incentivise them to act dishonestly in order to meet the deadlines or targets, or earn the commissions.

  9. Do not attempt to win contracts, or have claims or payments approved by any means other than the proper official and legitimate means.  For example, if a project engineer is refusing to certify a payment due to your company unless he is paid a large bribe, do not comply with this demand.

  10. Do not give or receive gifts, payments or other advantages unless you are certain that there is no risk of the advantage having or being perceived to have a corrupt purpose.  For example, do not invite officers of potential clients to entertainment events with the intention of influencing them to award your company a contract.

  11. If you are a director or officer of, or have any management responsibility for, a company, you should make proper enquiries regarding any suspicion of corruption of which you become aware, and you should take reasonable preventive measures to stop corruption for which the company may be liable.  You should not instruct, authorise or condone, expressly or impliedly, any corrupt activity.  For example, if you are a sales manager and are aware that your sales representatives are making dishonest representations to potential clients and/or are paying bribes to win contracts, then you should investigate and put an end to these dishonest practices.  Similarly, as a director of your company, do not condone the approval of dishonest objectives or methods by the company.