As a witness you have certain obligations under the ICAC Act. Failure to comply with these obligations could result in serious penalties.
As a witness you must:
- appear at a public inquiry or compulsory examination when you receive an ICAC summons
- produce any documents required by the ICAC
- before giving evidence, take an oath or make an affirmation that your evidence will be truthful
- answer all questions asked truthfully. It is an offence under the ICAC Act to give false or misleading evidence
- not discuss the evidence you give in a compulsory (private) examination or the fact that a compulsory examination has been held with anyone except your lawyer
- not breach any other suppression order.
As a witness you may:
- seek leave for legal representation at compulsory examinations and public inquiries from the ICAC's website. The Legal Representation Office may be able to provide a lawyer free of charge. Alternatively you can engage a lawyer yourself
- access transcripts of your evidence at public inquiries, unless there is an order suppressing publication
- request and receive payment of reasonable expenses such as lost wages or salary and, if applicable, travel, meal and accommodation costs.
Further information is available in the brochure, Information for witnesses.
Information for legal representatives
If you are representing someone involved in an ICAC inquiry, you can find out more about the investigation by speaking to either the investigator or the lawyer looking after the matter. The details of the person to contact are included on any ICAC legal documentation sent to your client such as a summons.
Unless varied by the presiding Commissioner, the Standard ICAC Directions for Public Inquiries apply to all ICAC public inquiries.