If you have received a witness summons from the Independent Broad-based Anti-corruption Commission (IBAC), you are required by law to respond, and how you prepare can significantly affect the outcome for you.

At Angus Cameron and Partners, we advise witnesses summonsed to give evidence or produce documents at IBAC examinations under the Independent Broad-based Anti-corruption Commission Act 2011 (Vic). We work with you from the moment you receive a summons, through to attending the examination itself.

An IBAC examination is different from an ordinary criminal investigation, and some of the protections you may expect do not apply. Below is a guide to what you need to know before you attend.

What Is an IBAC Examination?

IBAC is Victoria's principal anti-corruption body, empowered to investigate serious corrupt conduct and police misconduct. Where IBAC is investigating a matter, it can compel a person to attend an examination and give evidence, or to produce documents, by issuing a witness summons:

  • Examinations are inquisitorial rather than adversarial — IBAC or its examiner asks the questions, and the examination may be held in private or, in some circumstances, in public.
  • Being summonsed does not mean you are suspected of wrongdoing. Witnesses are frequently called simply because they hold relevant knowledge or documents.
  • We will help you understand why you have been called and what IBAC is likely to be investigating, so you attend properly prepared.

Understanding Your Witness Summons

A witness summons will specify whether you are required to give evidence, produce documents, or both, along with the date, time and place for attendance:

  • Compliance is not optional — failing to attend as required, without a reasonable excuse, is a criminal offence.
  • The scope of the summons determines what you can validly be asked to do, and is relevant to any objections that may later be available to you.
  • We will review your summons with you before anything else happens, so you understand exactly what you are obliged to do and by when.

The Privilege Against Self-Incrimination

One of the most important things to understand before an IBAC examination is that the privilege against self-incrimination does not apply in the way it does in ordinary criminal proceedings. You cannot refuse to answer a question on the basis that your answer might incriminate you, however:

  • An incriminating answer, document or thing generally cannot be used against you in later proceedings, simply because the protection applies by force of the statute.
  • This protection has important exceptions, including for proceedings for perjury or giving false information, offences against the IBAC Act, contempt of IBAC, and disciplinary proceedings, among others.
  • Because these exceptions exist, and because a false answer can itself expose you to prosecution, you must answer every question truthfully — we will advise you carefully on this before you attend.

Other Privileges You May Still Claim

While self-incrimination privilege is set aside for IBAC examinations, other privileges are not automatically lost:

  • Legal professional privilege may still be claimed over particular documents or answers, provided the claim is made at the time the question is asked or the document is required.
  • Journalist privilege, Crown privilege and public officer secrecy obligations do not apply to shield evidence from an IBAC examination.
  • We will identify, in advance, any privilege claims that may be available to you and advise you on how and when to raise them.

Your Confidentiality Obligations

Information disclosed at, or in connection with, a private examination is subject to strict non-disclosure obligations, and breaching them can itself be a criminal offence:

  • Where an examination relates to a public interest complaint, additional confidentiality obligations under the Public Interest Disclosures Act 2012 may also apply.
  • We will advise you carefully, both before and after the examination, on precisely what you may and may not disclose, and to whom.

What Happens at the Examination

IBAC examinations are video recorded, and unless doing so would prejudice the investigation, you are entitled to a copy of the recording and any transcript. Before questioning begins, IBAC must generally advise you of the general nature of the matters you will be questioned about:

  • The examination is inquisitorial — IBAC or its examiner asks the questions, and your lawyer's role is primarily advisory and protective, not adversarial.
  • In the case of a public examination, cross-examination of other witnesses may be possible with IBAC's leave, and we can advise on whether that is in your interests.

Attending the Examination With Us

We attend IBAC examinations with our clients. Throughout the process, we will:

  • monitor each question for potential legal professional privilege or other available privilege, and be ready to raise it at the time it arises;
  • watch that the examination stays within the proper scope of your witness summons;
  • protect your interests throughout, in the same way we would in any court proceeding.

Frequently Asked Questions

What is IBAC?

IBAC — the Independent Broad-based Anti-corruption Commission — is Victoria's principal anti-corruption body. It investigates serious corrupt conduct and police misconduct, and has the power to compel witnesses to give evidence or produce documents at an examination.

Do I have to answer questions even if they might incriminate me?

Yes. Unlike in ordinary criminal proceedings, you cannot refuse to answer a question at an IBAC examination on the basis that it might incriminate you. The law instead provides an automatic use protection, but you must still answer every question truthfully.

What is the “use protection” and what are its limits?

The use protection means that, generally, an incriminating answer, document or thing cannot be used against you in later proceedings. However, it does not protect you in relation to proceedings for perjury or giving false information, certain offences under the IBAC Act or related integrity legislation, contempt of IBAC, or disciplinary proceedings.

Will the examination be recorded?

Yes. IBAC examinations are video recorded, and you are generally entitled to a copy of the recording and any transcript, unless providing one would prejudice the investigation.

Can I claim legal professional privilege at an IBAC examination?

Yes, legal professional privilege is not abrogated for IBAC examinations and can still be claimed.

What happens if I disclose what happened at my examination?

Examinations are subject to strict non-disclosure obligations, and breaching them can be a criminal offence. If your matter also involves a public interest disclosure, additional confidentiality obligations may apply.

Is an IBAC examination public or private?

It can be either. Many examinations are held in private, but IBAC has the power to hold public examinations in some circumstances, in which case different rules — including the possibility of cross-examination by other witnesses — may apply.

What if I don't attend my examination?

Failing to attend an IBAC examination in compliance with a witness summons, without a reasonable excuse, is a criminal offence. If you are unable to attend, you should seek advice immediately.

Should I get legal advice before my examination?

Yes. The rules that apply to an IBAC examination are different from those in ordinary criminal or civil proceedings, and the consequences of getting them wrong can be serious. We recommend seeking advice as soon as you receive a witness summons.

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