Royal Commissions and Inquiries

Royal Commissions and statutory inquiries operate under distinct legislative frameworks depending on whether they are constituted at the state or federal level, and which body has been established to conduct them. 

At the federal level, the Royal Commissions Act 1902 (Cth) provides the governing framework. State-level inquiries in Victoria are established under separate legislation with their own procedures and powers. In both settings, Commissioners typically have broad powers to compel witnesses to attend, require the production of documents, and make findings that could be referred to prosecuting authorities, carrying serious reputational and legal consequences for those named. 

Victoria’s permanent statutory bodies – IBAC (the Independent Broad-based Anti-Corruption Commission) and the Office of the Chief Examiner – operate under their own separate legislation and perform ongoing investigative roles. IBAC investigates corrupt conduct and police misconduct involving public sector bodies and officials. The OCE conducts coercive examinations relevant to serious and organised crime. 

Commission hearings may be conducted in public or in private, or partly in both, depending on the body, the sensitivity of the evidence, and the Commissioner’s directions.

Appearing before a Royal Commission or statutory inquiry requires specific preparation and legal knowledge. The rules and procedures are unlike those in a court – and the stakes for individuals and institutions can be just as serious. 

Slades & Parsons assists clients at every stage of the process: 

• Summons advice: reviewing what you are required to produce or attend, and advising on any available grounds to limit or challenge the scope of a notice 
• Document production: managing compulsory document requests and identifying any claims for privilege or public interest immunity 
• Witness preparation: briefing you thoroughly before you give evidence, so you understand the process, the applicable protections, and your obligations 
• Hearing representation: appearing alongside you or as instructing solicitors during the examination 
• Adverse findings strategy: advising on your right of reply where the Commission proposes findings adverse to you, and preparing submissions in response 
• Post-hearing advice: acting if findings are referred to prosecuting authorities or if follow-on civil or regulatory proceedings arise 

We act for witnesses across the full spectrum – from individuals unexpectedly caught up in an inquiry, to senior public officials, institutional representatives, and corporate entities responding to formal notices.

Slades & Parsons has acted in significant inquiry and commission matters in Victoria, including the IBAC investigation into the Labour Party’s ‘Red Shirts’ Scheme and the Independent Commission into the Catholic Church’s Response to Child Abuse Complaints. Our team brings criminal defence depth to these matters – understanding not just the mechanics of the inquiry process, but the wider criminal and civil exposure that can flow from it. 

Because many IBAC and OCE matters are subject to strict non-disclosure obligations, the full scope of our experience in this area cannot be published. What we can say is that we have represented clients across a range of inquiry types – individuals, organisations, and entities facing complex, high-stakes scrutiny. 

We act in both state and federal proceedings and are familiar with the procedural requirements, practical pressures, and strategic decisions that arise at each stage. We are focused, thorough, and direct – and we work to achieve the best possible outcome from first summons through to final findings.

The moment you receive a summons, a notice to produce documents, or any formal communication from a Royal Commission, IBAC, the OCE, or a similar body, you should contact a lawyer. Do not wait until the day of the hearing. Early advice is consistently the most valuable advice. 

You should seek legal representation if any of the following apply: 

• You have received a formal summons or notice to attend 
• You have been notified that you may be a person of interest or subject to adverse findings 
• You have been asked to produce documents or records under compulsion 
• You work for, or represent, an institution or organisation under investigation 
• You are subject to a non-disclosure order and are unsure what you can and cannot discuss 

One practical point worth knowing: for some federal Royal Commission matters, funding assistance for legal representation may be available through the Commonwealth Attorney-General’s Department, depending on your eligibility and the nature of the inquiry. We can advise whether this applies to your circumstances and assist you in applying. Legal costs should not be a barrier to getting proper advice before your hearing.