Witnesses information

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. 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 pdf Information for Witnesses (2.35 MB) brochure.

Section 31B guidelines

Section 31B of the ICAC Act requires the ICAC Commissioners to issue guidelines relating to the conduct of public inquiries to ICAC staff and counsel assisting the ICAC. The guidelines provide guidance on the following aspects of the conduct of public inquiries:

  1. the investigation of evidence that might exculpate affected persons,
  2. the disclosure of exculpatory and other relevant evidence to affected persons,
  3. the opportunity to cross-examine witnesses as to their credibility,
  4. providing affected persons and other witnesses with access to relevant documents and a reasonable time to prepare before giving evidence,
  5. any other matter the ICAC considers necessary to ensure procedural fairness.

The pdf Section 31B guidelines (169 KB) were tabled in both Houses of Parliament on 13 February 2018.

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  pdf Standard ICAC directions for public inquiries (247 KB)  apply to all ICAC public inquiries.