Guidance material

Public examinations may be held in circumstances prescribed in section 117 of the Independent Broad-based Anti-corruption Commission Act 2011 (the Act).

The Commission, with the assistance of counsel assisting, has full control of the examinations, the witnesses to be called and their order, the documents and things to be tendered, and the matters and issues to be covered in evidence. Public examinations are expositive, they are not adversarial and no witness or represented party has a ‘case’ to pursue.

Rather, such persons have evidence to give and submissions to make as and when required or permitted. It follows that parties do not have the right to call witnesses or seek production of documents.

Except where the rules of procedural fairness otherwise require, such examinations are not held for the purposes of indulging the private interests of persons appearing. In the absence of examination or cross examination of a witness by an affected person, the requirements of procedural fairness may be met in other ways, such as by giving the person an opportunity to reply to adverse evidence under oath, or to make submissions before any adverse opinion is expressed in an IBAC report.

These directions are subject to modification in relation to particular examinations.