National human rights consultation

AICD welcomes the opportunity to participate in the National Human Rights Consultation. The protection and promotion of human rights is a question of national importance for all Australians. We have focussed our comments on those matters relating to directors including the personal liability of directors, reverse onus of proof, prosecutorial process, occupational health and safety and the business judgment rule. AICD believes that certain essential human rights are not available to directors in respect of their role on company boards but their human rights should be better protected through legislative change. A business judgment rule should also be available when directors make commercial decisions in good faith, having informed themselves about the subject matter and having acted in the best interests of the company.