Examinations

For the purpose of an investigation into corruption in public administration, the Commissioner may conduct an examination.

Under schedule 2 of the Independent Commissioner Against Corruption Act 2012 (the ICAC Act), examinations are to be held in private. The Commissioner has no discretion to conduct a public examination.

The purpose of an examination is to obtain information relevant to an investigation. It is not a court process and no finding of guilt or innocence will be made.

The rights and obligations of persons who are summonsed to an examination are mentioned in schedule 2 of the ICAC Act and include the following:

  • it is an offence for a person who has received a summons to fail to attend as required
  • a person giving evidence before an examiner may be represented by a legal practitioner
  • it is an offence for a witness appearing at an examination to fail to take an oath or affirmation, or refuse to answer a question that he or she is required to answer.

Those offences are punishable by a maximum penalty of $20 000 or imprisonment for four years.


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