Public officers required to attend the ICAC for examination
When conducting an investigation, the ICAC may exercise powers under the Independent Commissioner Against Corruption Act 2017, (ICAC Act). These powers include requiring a public officer to attend for examination.
Section 34 of the ICAC Act allows for the ICAC to issue a notice to a public officer that requires them to attend for examination. Not every person who is served a notice is under investigation and public officers may be called to provide information to assist the ICAC in relation to the investigation.
The notice issued to a public officer must stipulate whether the person is, or is not, under investigation. When served a notice, a public officer is required to maintain confidentiality but is permitted to speak with a legal practitioner for the purposes of obtaining legal advice, a health practitioner or accredited counsellor to obtain professional assistance, or a religious or spiritual advisor (who is subject to ethical confidentiality) to obtain spiritual assistance.
Advice about legal representation
Section 36 of the ICAC Act also allows for a person who is called to an examination to request the ICAC to allow them to be represented by a legal practitioner.
If you are called to an examination, you can seek your own legal advice or you can contact the Solicitor for the NT (SFNT).
If you need help finding your own legal representation you can contact:
3/6 Lindsay Street
Darwin
8981 5104
info@lawsocietynt.asn.au
Northern Territory Legal Aid Commission
6/9-11 Cavenagh Street
Darwin
1800 019 343
crime@legalaid.nt.gov.au
North Australian Aboriginal Justice Agency
61 Smith Street
Darwin
1800 898 251
reception@naaja.org.au
To assist public officers, SFNT offers a free, confidential one-hour consultation. SFNT does not provide legal advice in relation to the nature of the matter under investigation but will assist in explaining the examination process.
If you wish to be legally represented at an examination, SFNT will assist in engaging an external legal representative. Lawyers from SFNT will not appear for you but will assist in procuring legal services. SFNT can advise you further regarding payment for these legal services by your department, how this is approved and at what point the cost of legal representation becomes your responsibility.
You can contact SFNT to seek a consultation via ICACConsultation.SFNT@nt.gov.au
NTPS employees can receive free, confidential counselling from a range of counselling services through the NT Government’s Employee Assistance Program. More information is available for NTPS employees on the NT Government’s intranet.
Employees of other public bodies should consult with their human resources section about employee assistance.