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Private examinations

The purpose of an examination is to gather evidence.

The Commissioner or his delegate can hold private examinations for the purposes of an investigation.

People who are required to attend an examination must take an oath or affirmation and give truthful evidence.

Legal counsel maybe engaged to assist in the conduct of an examination.

People attending a private examination may be represented by legal counsel.

If the ICAC gives a person a written notice to attend an examination, the notice must comprehensively state the nature of the matter which the person is to be questioned including the factual topics to be addressed, their involvement in those matters and applicable date ranges.

If the notice does not provide that information, the ICAC must provide a copy of the notice to the Inspector within 3 days and provide his reasons for belief that it is prejudicial to the investigation or contrary to the public interest to provide the required information.

Read more about support for people attending a private examination.

Updated 27 March 2024