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.