Royal Commissions & Inquiries

In many inquiry settings, witnesses may be compelled to answer questions and produce documents, even where doing so may be self-incriminating. However, the scope of that obligation, and the statutory protections and objection mechanisms available to you, depend on the specific body involved and the legislation governing its operation. You should obtain legal advice specific to your situation before attending any hearing – the rules are not uniform across all inquiry types. 

Many inquiry frameworks include statutory immunity protections that limit or prevent compelled testimony being used directly against a witness in later criminal proceedings, but the scope and exceptions to those protections vary significantly between bodies and legislative frameworks. This is not a uniform rule and should not be relied upon without specific legal advice. We strongly recommend speaking with a lawyer before you give evidence about how these protections apply to your particular circumstances. 

Failing to respond to a summons to attend a Royal Commission or statutory inquiry can have serious consequences, including potential criminal liability and, in some cases, a warrant for your arrest. It is not something to disregard or delay responding to. If you have received a summons and are unsure how to respond, contact a lawyer as soon as possible.

A Royal Commission is an ad hoc inquiry established by the government to investigate a specific matter of public concern – it concludes when its report is delivered. IBAC and the Office of the Chief Examiner are permanent statutory bodies in Victoria. IBAC investigates corrupt conduct and police misconduct involving public sector bodies and officials. The OCE conducts compulsory examinations in connection with serious and organised crime. Each operates under its own distinct legislation, with different powers and different procedural protections for witnesses. 

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 your involvement in the inquiry. This does not automatically apply to all commission or inquiry types. Slades & Parsons can advise whether funding may be available in your circumstances and help you apply if it is.