Investigative Hearings

There are a number of bodies within Australia whose purpose is to investigate crimes and professional misconduct.  Often these investigating bodies and commissions are granted wide ranging powers to summons people to give evidence, compel a witness to attend a hearing and to compel that witness to answer questions.  A right to silence does not apply within those commissions and it is important that individuals claim a privilege against self-incrimination if available to them.

Although you cannot speak about your attendance at these commissions to members of your family, friends, or colleagues, you are entitled to have a lawyer present to ensure that your rights are not infringed.

If you receive a summons from the Australian Criminal Intelligence Commission or the Crime and Corruption Commission, you should immediately seek legal advice.  Other bodies include the Australian Securities and Investments Commission hearings and Australian Borderforce Commission.

 

We recommend that you seek legal advice before appearing in any tribunal. Often, we can delay your appearance for a reasonable time to allow you to obtain legal advice.

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