Information for witnesses at examinations

If you are required to attend a private examination, you will be served with a written notice. The notice will advise:

• where and when you must attend
• the nature of the matters about which you will be questioned (unless it is decided that doing so is not in the public interest or might prejudice an investigation)
• whether or not you are under investigation
• whether or not you are required to bring items relevant to the investigation
• the factual topics to be addressed, your involvement in those matters and any applicable dates.

You will be assigned an ICAC staff member as your witness liaison officer.

Your witness liaison officer:

• is not an investigator
• is not directly involved in the investigation
• does not provide counselling or advice
• will greet you when you arrive for your examination and make sure you have access to amenities while you are on site.

What can witnesses do?

If you are a witness or under investigation, you can:

• make use of appropriate counselling or mental health support services
• talk to a health practitioner about the investigation, but only when seeking professional help about your health
• talk to a close family member (unless directed not to by a S.147 notice) who is your:
  • spouse or de facto partner
  • parent or grandparent (by blood or marriage)
  • brother or sister (by blood or marriage)
  • guardian or carer.
• obtain your own legal advice
• request to have your legal representative appear at your examination, make submissions or ask you relevant questions
• request an interpreter
• request to bring an interpreter or support person while you are being examined.

The person conducting the examination has discretion on who is allowed to attend an examination if there are grounds to believe that they would prejudice the investigation.

Please make your request to be represented and/or bring a support person to the witness liaison officer for your matter as early as possible.

What is expected of witnesses?

If you are a witness or under investigation, you must not:

• destroy evidence
• discuss the matter with other parties or witnesses, such as work colleagues related to the matter (see section 146 of the ICAC Act).

You should also monitor your own welfare and reach out for support services if needed.

The examination process

An examination is an investigative tool to gather evidence. It is not a determination of guilt.

Examinations generally take place in a hearing room located in the Office of the ICAC at Level 7, 9 Cavenagh Street, Darwin.

When you arrive at the Office of the ICAC, contact your ICAC witness liaison officer. They will be your contact for any examination.

Examinations are conducted by the Commissioner, or by the Commissioner's delegate, assisted by Counsel Assisting, or a lawyer engaged to assist in the investigation. You should address the Commissioner as ‘Commissioner’ and be respectful to legal counsel.

At the start of the examination, the person conducting the examination will explain the process and then require you to take an oath or affirmation. During the examination, you will be asked questions by the Commissioner, the Commissioner's delegate and Counsel Assisting.

You may also be shown documents and asked questions about them. The questions will be about matters that may assist the person conducting the investigation.

It is an offence to give evidence that you know is false or misleading.

There are limited circumstances under the ICAC Act that allow you to refuse to answer a question. The person conducting the examination will address these limited circumstances should they arise during the examination.

All examinations are recorded and retained by the ICAC.