What is IBAC and who does it investigate?

IBAC is a permanent statutory body in Victoria established under the Independent Broad-based Anti-Corruption Commission Act 2011. It investigates corrupt conduct and serious police misconduct involving Victorian public sector officials and bodies – including police officers, public servants, politicians, and public institutions. IBAC can receive complaints from members of the public and can also initiate investigations of its own motion, without any complaint being made.

What happens at an IBAC compulsory examination?

A compulsory examination is a formal hearing at which you are required to appear and answer questions under oath. It is usually conducted in private, recorded, and transcribed. You are entitled to have a lawyer present with you. Unlike an ordinary court hearing, the rules of evidence as applied in court proceedings do not apply under the IBAC Act, and the process is governed by the specific statutory procedures set out in the Act.

Can I refuse to answer questions at an IBAC compulsory examination?

In the compulsory examination context specifically, you cannot refuse to answer questions on the basis of a right to silence. Failing to answer without lawful excuse is a criminal offence under the IBAC Act. Certain statutory protections apply to how compelled answers may subsequently be used, and a lawyer attending with you can make a practical objection if a question appears to exceed the examiner’s lawful authority. Your ordinary rights in other contexts – such as in dealings with police outside of a compulsory examination – are unaffected.

What is a non-disclosure notice from IBAC and what does it restrict?

When summoned to appear before IBAC, you may also be subject to a non-disclosure obligation restricting what you can say about the summons or examination and to whom. The precise scope and exceptions of any such notice or direction are set out in the IBAC Act, and will depend on the terms of the specific notice issued. One of the permitted exceptions is seeking advice from your legal practitioner – which is why it is important to engage a lawyer as soon as any notice or summons is received.

How does the ACIC differ from IBAC, and can Slades & Parsons assist?

IBAC is a Victorian body that investigates public sector corruption and police misconduct in Victoria. The Australian Criminal Intelligence Commission (ACIC) is a federal body operating under Commonwealth legislation, with examination and compulsory process powers in relation to serious organised crime. Both operate outside the ordinary court system with distinct obligations on those called to appear. Yes – Slades & Parsons advises and attends compulsory examinations and related processes for clients subject to both IBAC and ACIC proceedings.

Legal Expertise

IBAC and Crime Commissions

ABOUT

What Happens When You're Summonsed by IBAC?

Receiving a summons to appear before IBAC, or learning that you or your organisation is under investigation by a Victorian or federal crime commission, can be disorienting.

At Slades & Parsons, our lawyers have direct experience advising and representing both witnesses and subjects at IBAC compulsory examinations, as well as attending compulsory processes for those under investigation by the Australian Criminal Intelligence Commission (ACIC). We understand the particular pressures of commission proceedings – including non-disclosure obligations and the potential for downstream criminal exposure.

With over 35 years of experience and Accredited Criminal Law Specialists on our team, we can advise you on your rights, prepare you thoroughly for the examination, and attend with you on the day. Call us as soon as you receive any summons or notice – (03) 9602 3000. Early advice in these matters is consistently the most valuable advice.

IBAC ADVICE

IBAC's Investigative Powers Under Victorian Law

IBAC – the Independent Broad-based Anti-Corruption Commission – was established under the Independent Broad-based Anti-Corruption Commission Act 2011 (Vic). Its mandate covers corrupt conduct and serious police misconduct involving Victorian public sector bodies and officials, including government agencies, public schools, universities, and hospitals. IBAC can act on complaint or initiate its own investigation without one.

IBAC holds significant statutory investigative powers, including the power to require production of documents, compel attendance at examinations, and – in authorised circumstances under the Act – enter and search premises. Most significantly, it may summon individuals to attend a compulsory examination and answer questions under oath.

In a compulsory examination, the rules of evidence as applied in court proceedings do not apply under the Act. Failing to comply with a witness summons, or failing to answer a question without lawful excuse, constitutes a criminal offence.

At the federal level, the Australian Criminal Intelligence Commission (ACIC) holds compulsory examination powers under Commonwealth legislation in relation to serious organised crime.

What We Do at an IBAC or ACIC Examination

Our role begins well before you walk into an examination room. Once you engage us, we advise you immediately on your rights and obligations – including the scope of any non-disclosure notice you have received and precisely what you are and are not permitted to disclose.

We prepare you thoroughly for the compulsory examination process: explaining how questioning is structured, what the examiner’s authority extends to, and the limits of that authority. On the day, one of our lawyers attends with you and can make a practical objection if a question appears to exceed the examiner’s lawful authority – while remaining clear-eyed about what the Act ultimately requires of the witness unless a court grants relief.

We also advise on the downstream implications of your evidence and the statutory protections that apply to compelled answers. Understanding that exposure before you give evidence is critical.

For clients subject to ACIC compulsory examinations or related processes, we provide the same end-to-end support under the applicable Commonwealth legislative framework.

Commission Experience Backed by Named Matters

Slades & Parsons practises exclusively in criminal law – and has done so for over 35 years. Our firm is led by LIV Accredited Criminal Law Specialists, and our lawyers have represented clients in significant inquiry and commission matters, 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.

Because many IBAC matters are subject to strict non-disclosure obligations, the full scope of our experience in this area cannot be published. What we can confirm is that we have acted for individuals, organisations, and institutional entities across a range of complex commission and inquiry proceedings.

We bring criminal defence depth to these matters – understanding not just the procedural mechanics, but the wider criminal and civil exposure that can flow from a commission investigation. Our team is consistently recognised among Victoria’s leading criminal defence firms in Doyle’s Guide, including at the national level.

Act Immediately - Before the Examination, Not After

Many people wait until they have formally received a summons before seeking legal advice. By then, important decisions may already have been made. Engaging a lawyer early puts you in a far stronger position.

You have received a witness summons to an IBAC compulsory examination
You have received a non-disclosure notice from IBAC
You are aware that IBAC or the ACIC is investigating you or your organisation
You have been asked to produce documents or records to a commission body
You work for or represent a public sector body currently under IBAC scrutiny

Seeking legal advice is expressly permitted under the relevant non-disclosure provisions of the IBAC Act – it is one of the limited exceptions to the restrictions on disclosure. You can speak to us in complete confidence from the moment you make contact.

GET LEGAL ADVICE

IBAC is a permanent statutory body in Victoria established under the Independent Broad-based Anti-Corruption Commission Act 2011. It investigates corrupt conduct and serious police misconduct involving Victorian public sector officials and bodies – including police officers, public servants, politicians, and public institutions. IBAC can receive complaints from members of the public and can also initiate investigations of its own motion, without any complaint being made.
A compulsory examination is a formal hearing at which you are required to appear and answer questions under oath. It is usually conducted in private, recorded, and transcribed. You are entitled to have a lawyer present with you. Unlike an ordinary court hearing, the rules of evidence as applied in court proceedings do not apply under the IBAC Act, and the process is governed by the specific statutory procedures set out in the Act.
In the compulsory examination context specifically, you cannot refuse to answer questions on the basis of a right to silence. Failing to answer without lawful excuse is a criminal offence under the IBAC Act. Certain statutory protections apply to how compelled answers may subsequently be used, and a lawyer attending with you can make a practical objection if a question appears to exceed the examiner’s lawful authority. Your ordinary rights in other contexts – such as in dealings with police outside of a compulsory examination – are unaffected.
When summoned to appear before IBAC, you may also be subject to a non-disclosure obligation restricting what you can say about the summons or examination and to whom. The precise scope and exceptions of any such notice or direction are set out in the IBAC Act, and will depend on the terms of the specific notice issued. One of the permitted exceptions is seeking advice from your legal practitioner – which is why it is important to engage a lawyer as soon as any notice or summons is received.
IBAC is a Victorian body that investigates public sector corruption and police misconduct in Victoria. The Australian Criminal Intelligence Commission (ACIC) is a federal body operating under Commonwealth legislation, with examination and compulsory process powers in relation to serious organised crime. Both operate outside the ordinary court system with distinct obligations on those called to appear. Yes – Slades & Parsons advises and attends compulsory examinations and related processes for clients subject to both IBAC and ACIC proceedings.