Royal Commission or Public Inquiries
Legal Representation Connected With a Royal Commission or Public Inquiry, Such as the Nsw Icac
If you have been contacted to provide evidence at a prehearing interview, on the outset of an investigation by a Royal Commission or Commission of inquiry, such as a Corruption Commission (for example, in NSW ICAC) or Crime Commission, you should contact me immediately. This is to protect your legal rights even before you know whether you may be summoned to appear as a witness before it.
Purpose and Powers of Commissions
These Commissions are usually established to conduct an investigation and report to the government or other government bodies. They have very significant powers, which often provide criminal sanctions if you don’t answer questions truthfully and do not produce documents required by them. In certain circumstances, you might be able to apply to a Court to restrain the Commission from compelling you to give evidence.
Limitations and Impact of Commission Findings
These Commissions do not decide issues in a binding manner as between individuals, nor do they make decisions which directly affect the rights or status of individuals, or rights of property. It is important to understand that they are not courts of law. However, the findings of such bodies are serious in that they may (and often do) lead to other inquiries of a criminal nature and/or affect the reputation of private citizens and public officials, in that any findings made by them will often become public.
Case Example: NSW ICAC and Legal Review
In one of my client’s matters, following legal proceedings in the Courts against the NSW ICAC’s adverse findings, I made submissions based upon my client’s matter to the Independent Panel comprising The Hon. Murray Gleeson A.C, Q.C, and Bruce McClintock S.C, set up by the Baird NSW Liberal Government to review ICAC’s jurisdiction and powers. As a result of the Panel’s Report, the NSW Government and NSW Labour Opposition supported limits to the ICAC’s corruption finding power, and accepted the Report’s recommendation, which became law on 28 September 2015, which observed, “If the conduct investigated ultimately is found to be other than serious, it should not be stigmatised as corrupt. A power which has such obvious capacity to harm individuals should be reserved only for cases where the misconduct in question is serious”.
Parliamentary Adoption of ICAC Limits
The NSW Premier Mike Baird, in adopting such observations, said in the NSW Parliament, “We are conscious that-as the High Court recognised in ICAC v Cunneen- the ICAC has 'extraordinary' powers which may abrogate fundamental rights and privileges. These powers, including the ability to publicly denounce corruption when it is uncovered, are central to the goal of ridding this State of corruption. However, it is also crucial to ensure that those powers are exercised within appropriate boundaries. A balance must be struck, and this is what the bill seeks to achieve”.
Seeking Legal Advice and Judicial Review
Therefore, in any circumstances of either the NSW ICAC deciding to initiate an investigation against you (at least where a public inquiry is contemplated), or of any such corruption findings being made, you can also seek legal advice and representation from me in connection with possibly seeking a judicial review of this decision or such findings: to have a Court of law either restrain the ICAC from conducting the inquiry, or to declare corruption findings legally invalid; where it can be objectively determined by the Court that this should be done.