South Australia EPA Enforcement Guide

The SA Environmental legislation applies to individuals, managers and corporations.  The EPA's enforcement guide states that, "When an officer, employee or agent of a corporation in the course of their employment commits an offence, proceedings will usually be instituted against the corporation rather than an individual. If employees in good faith and without negligence follow the directions of their employer and an offence occurs, they should not be prosecuted."
In determining whether to recommend prosecution of a corporation, the EPA will consider whether:
the alleged offence did not result from any failure on the corporation’s part to take all reasonable and practicable measures to prevent it;  proper systems and procedures were in place to ensure that any contravention or risk of contravention would be reported promptly to the governing board of the body corporate and appropriate action taken; and the governing board of the body corporate actively and effectively promoted and enforced compliance with the Act.

As a general rule, the EPA will institute proceedings against an officer in addition to, or in lieu of, taking action against the company if there is evidence that the officer should have exercised greater supervision or control over the activities of the company.

Read the full document at http://www.epa.sa.gov.au/pdfs/guide_compliance.pdf

 

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