IBAC and Crime Commissions

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.