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Main Corporate Governance Portal Risk Management Portal Australian Risk Services Website Corporate Governance About governance What is corporate governance? Underlying values of corporate governance Characteristics of effective corporate governance How is good corporate governance achieved? Why is it important to Australia? What is best practice corporate governance for you? Public sector corporate governance Special issues for consideration in the governance of not-for-profits Public sector corporate governance Effective corporate governance in public sector What is a councillor's role in governance? Overseas comparison Directors Directors duties Directors duties General duties Theft and fraud duties Securities law duties Insolvency law duties Health and safety and environment duties Antitrust duties Other duties To whom do directors' duties apply? De Facto directors Shadow directors Can liability be restricted or limited in any way? Can a director obtain insurance against personal liability? Local Government Act vs. Corporations Act Remuneration Continuous disclosure Are there any circumstances in which directors are required to disclose information about the company? Annual reporting What is the intended scope of the CEO/CFO signoff? What period of time should the signoff cover? Continuous disclosure Disclosure and transparency obligations Annual report and website disclosure Documentation Significant documents Drivers of reports to the board Characteristics of effective information Categories and classifications of reports to the board Shareholders The rights and equitable treatment of shareholders The responsibilities of shareholders The responsibilities of shareholders Regulations ASX principles What are the ASX Corporate Governance Guidelines? Who will be affected by the ASX Corporate Governance Guidelines? How do the ASX Corporate Governance Guidelines work? Is compliance necessary? Raising the bar Development of the best practice recommendations The essential corporate governance principles CLERP 9 Practical implications What does the Act cover? What does the Act cover? Directors' duties in the light of CLERP and recent legal developments CLERP 9 proposal Risk Management What is risk management? Role of good governance The risk manager's role Business continuity planning What is a risk profile? Business continuity planning Risk Management Services Links Publications Links Contact Us Contact Details Send a message Download business profile About Company Risk Management Services Strategic risk management Business continuity and disaster recovery Safety and environmental auditing and management systems Behavioural culture surveys Help with self insurance Property risk assessments Safety training Risk management training Plant risk assessments Manual handling risk assessments Hazardous substances risk assessments Dangerous goods risk assessments Event risk management Online Shop

REGULATORY FRAMEWORK

ASX principles:

ASX Principles

CLERP 9:

CLERP 9

The Australian legal framework for corporate governance is provided by a variety of common law rules, regulatory practices, stock exchange rules and legislative provisions. Probably the most important of these elements are the statutory provisions found in the Corporations Act 2001. These have been enacted by the Australian Parliament after a decade of constitutional struggle between the Commonwealth and the States, with each seeking to determine who had primary legal responsibility for this area. These statutory provisions have actually evolved over many years and they have only very recently assumed their present form as part of a national body of legislation passed by the Commonwealth Parliament.

The regulatory framework for corporate governance and directors' duties is governed by the following:

Statute (notably the Corporations Act 2001).
Common law rules (for example, cases relating to directors' duties).
The company's constitution.
Guidelines issued by the Australian Securities and Investments Commission (ASIC) (known as Practice Notes and Policy Statements). These guidelines, although informal, do comply with the Corporations Act and so contraventions of these guidelines may also result in breaches of Australian company law.
If the company is a listed entity, the ASX Listing Rules (Listing Rules) as published and governed by the Australian Stock Exchange (ASX) provide guidelines on issues such as disclosure.

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