Corporate culture, conscience and casinos

Corporate Culture has had only limited consideration as a mechanism for determining corporate liability in the judicial space. However, it has been widely and successfully used as a governance and regulatory tool, suggesting its potential for further, principled development. Most recently, Corporate Culture sat at the heart of two Royal Commissions into Crown Casino. These quasi-judicial proceedings provide a wealth of material on, and insights into, the concept, relevant to that task. This article will show that while both Commissions incorporate aspects of an organisational framework for assessing corporate responsibility through Corporate Culture, the inquiries reveal two different perspectives: one broad and holistically focused on the de facto corporate systems and structures, and the other a hybrid between this and the narrow, individualistic focus traditionally adopted for the purposes of corporate attribution. This paper explores the conceptual framework for and practical application of the differing approaches, drawing on examples from the casino inquiries. The analysis suggests how the Perth Casino Royal Commission may be seen to have synthesised these perspectives. Such a synthesis provides a real advance in the role of Corporate Culture for both regulatory and liability purposes.