The role of enforcement is to achieve fair and just outcomes in response to misconduct and to ensure our rules and requirements are obeyed. In March 2018, we published Our Approach to Enforcement consultation paper. We have used the responses to inform our Approach to Enforcement and feedback statement.
Through our enforcement activities, we identify and drive out behaviour that fails to meet our standards, or is dishonest or unlawful.
The overriding principle in our Approach to Enforcement is substantive justice – to ensure we carry out investigations in a consistent and open-minded way to get the right outcomes. We decide whether to take enforcement action based on whether we believe there has been serious misconduct, considering factors such as intent to do wrong, failure to act on feedback or negligence or recklessness. In many of our cases, harm has already been caused, but early detection of an issue and intervention can prevent it from getting worse.
This publication is the next in the series of documents that we committed to in Our Mission, providing transparency to our activities and explaining our approach in more depth.