Legal or other representation

Witnesses may request the Commissioner to allow them to be represented by a legal practitioner or agent. This request must be granted unless, on reasonable grounds, that legal practitioner or agency may prejudice the investigation.  A legal practitioner or agent may make submissions to the Commissioner and, with approval from the Commissioner, ask the witness questions relevant to the investigation.

Witnesses are responsible for any legal or other representation costs.

Interpreters

If necessary to make the proceeding intelligible to a witness at an examination, the witness must be assisted by an interpreter or other person, unless the Commissioner believes on reasonable grounds that the presence of the interpreter or other person would prejudice the conduct of the investigation or be contrary to the public interest.

If an interpreter is necessary, all reasonable efforts to obtain the services of the interpreter or other person must be made, and the Office of the ICAC must meet the costs of the interpreter or other person.

Private examinations

In order to require a person to attend for an examination, the person must be given written notice:

  • requiring them to attend
  • stating the nature of the matters about which the person will be questioned, unless the Commissioner considers on reasonable grounds that doing so would be likely to prejudice the investigation or be contrary to the public interest
  • if the person is under investigation, state that fact.

The notice may require a person to bring and produce items in the person’s possession or control that are relevant to the investigation.

Public inquiries – requirement to inform witnesses of certain matters

Before a witness is questioned at a public inquiry, the ICAC must inform the witness of the following:

  • that a public inquiry, or part of it, may be held in private
  • that the witness may request a direction for the inquiry, or part of it, to be held in private if the witness is being asked to give an answer or any other evidence:
    • that the witness is not legally required to give; or
    • about a personal or sensitive matter; or
    • about an offence that the witness may have committed that is not directly related to the subject matter of the inquiry; or
    • that concerns the witness for any other reason
  • that the ICAC will hear and determine the request in private, unless the ICAC has reason.