As a witness in an examination, you must:
- 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 an affirmation that your evidence will be truthful
- answer all questions truthfully (it is an offence to give false or misleading evidence)
- comply with all confidentiality notices by not discussing:
- the evidence you give in private examinations
- the fact that an examination has been held with anyone except your lawyer. Your lawyer will tell you if you can discuss confidential details with others in very limited circumstances.
Do you have to attend IBAC examinations?
A witness must attend an examination in accordance with the summons. If they fail to do so, and do not have a reasonable excuse for not complying with the summons, they will be committing an offence.
Can you engage legal representation?
Witnesses are entitled to seek legal advice about their involvement in the investigation or legal representation.
Will you be identified as a witness?
We may prohibit or restrict publication of any information or evidence given as part of a public examination. However, there may be occasions in a public examination or a court case where it is necessary to identify you. This would be done in full consultation with you beforehand.
Protected disclosers have their identity closely safeguarded. We can ask a court to not identify a witness under the provisions of Protected Disclosure Act 2012.
Do you have to give evidence to us?
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.
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 Protected Disclosure Act 2012 (and others).