The Collective of Applied Law & Legal Realism (CALR) is the rapid delivery mechanism of AmerBON, Advocates’ pro bono services.

CALR hosted the Legal Aid Chit Chat Clinic No. 7 on 9 June 2020 to discuss the new corporate liability provision under section 17A of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act). Section 17A is applicable to commercial organisations, which can now be held liable for the conduct of persons associated with it.

The topics discussed included:

  • defences available against the offence
  • deeming provisions which impose personal liability
  • the Guidelines on Adequate Procedures pursuant to section 17A(5) of the MACC Act 2009, including the five guiding principles of T.R.U.S.T. – Top Level Commitment; Risk Assessment; Undertake Control Measures; Systematic Review; Monitoring and Enforcement; and Training and Communication
  • the United Kingdom’s Bribery Act 2010 and two UK case laws: R v. Sweett Group Plc and Rolls Royce
  • similarities between section 52 of the Occupational Safety and Health Act 1994 (OSHA) and section 17A of the MACC Act, in particular, the relevance of OSHA to employers in light of COVID-19

This recording can also be accessed at CALR’s Facebook page.