ABSTRACT

An enforceable undertaking is a regulatory sanction available to a range of Australian Federal and State regulators. This sanction takes the form of a settlement that allows the regulator to remedy alleged breaches of the law. It had been deemed a success in Australia and as such has been introduced in other jurisdictions such as the United Kingdom and New Zealand. However, this sanction has been heavily criticised over the last few years in Australia due to its lack of accountability and opaqueness in certain settings. In view of the fact that enforceable undertakings have been relied on in Australia for over a decade (in certain instances closer to three decades) this article compares 18 Australian Federal and State regulators’ practices, to put forward recommendations on best practices that may be adopted by these and other agencies that have this power at their disposal.

抽象的

可执行的承诺是对一系列澳大利亚联邦和州监管机构可用的监管制裁。这项制裁采取和解的形式，允许监管机构对据称违反法律的行为进行补救。它在澳大利亚被认为是成功的，因此已被引入其他司法管辖区，例如英国和新西兰。但是，由于该制裁在某些情况下缺乏问责制和不透明性，因此过去几年在澳大利亚受到了严厉批评。考虑到在澳大利亚已经有十多年的时间（在某些情况下接近三十年的时间）是可执行的承诺，因此，本文比较了18个澳大利亚联邦和州监管机构的做法，