As a witness, you must attend an examination in accordance with the summons. Failure to do so without a reasonable excuse may amount to a criminal offence.
Information for witnesses
We take our responsibility to look after the welfare of everyone involved in our work seriously. This includes protecting the welfare of witnesses.
We summonses witnesses to public and private examinations to assist with its investigations. This page outlines what to expect, what's required of witnesses and welfare support that may be available.
We recognise examinations can place people under pressure. We have a range of measures available to support the welfare (health, safety and wellbeing) of people summonsed to attend a public or private examination, depending on the needs a witness presents with. Support is available before, during and after examinations. Additional support is provided where a high welfare risk has been identified. More information about this support and how to access it is provided below.
This page contains general information for witnesses summoned to an IBAC examination. It is not a substitute for the information provided as part of a summons. It is not a substitute for legal advice.
As a witness in an examination, it is important that you:
- read and understand the procedures for public hearings
- appear at a hearing when you receive a summons from us
- produce documents or other things required by us
- take an oath or affirm your evidence will be truthful
- answer all questions truthfully (it is an offence to give false or misleading evidence)
- comply with all confidentiality notices
- understand the welfare support that may be made available to you.
Witnesses are entitled to seek legal advice about their involvement in the investigation or legal representation.
Depending on the needs of the witness, IBAC may provide welfare support.
The following support arrangements may be provided by IBAC:
- Access to professional counselling services from the time a summons is served.
- IBAC officers trained in suicide awareness and first aid.
- A professional counsellor and a private room available onsite during examinations where a high welfare risk has been identified.
- An IBAC witness welfare officer on hand to help witnesses access professional support services during examinations where a high welfare risk has been identified.
Anyone summonsed to appear at an IBAC examination is sent information advising them of these support arrangements.
For more information, please see our welfare management for IBAC investigations policy (currently under review) or contact us.
We may prohibit or restrict publication of any information or evidence given as part of a public examination. However, in the course of a public examination witnesses will be identified.
Public Interest disclosers have their identity closely safeguarded.
Witnesses must answer all questions and produce all documents or things required by IBAC. It is an offence to:
- fail to provide required records
- give untruthful answers to questions asked of you at an interview or examination
- hinder or obstruct an IBAC officer
- fail to comply with an IBAC direction or requirement without a reasonable excuse.
You may be asked questions about matters you were not directly involved in.
What happens if it appears a witness has lied at an IBAC examination?
There are heavy penalties for proven perjury before IBAC.
What happens if a person gives evidence that incriminates themselves or others?
Any answer, information or document provided that may incriminate the witness is not admissible in evidence against them in court, except in certain proceedings such as offences against the Independent Broad-based Anti-Corruption Commission Act 2011 and the Public Interest Disclosures Act 2012 (and others).