Investigations

An investigation begins when a mandatory notification or corruption report has provided us with enough information to suspect, on reasonable grounds, that the reported conduct may be corrupt.

The investigative process involves collecting and examining evidence and information. Thorough evaluation and analysis help us establish findings and form recommendations. A formal report then documents these findings and recommendations.

Under the Integrity Commission Act 2018 we have the power to:

• enter premises
• seize things
• issue a Summons compelling a person to attend a private or public examination and give evidence
• compel the production of documents and things
• conduct investigations on our own initiative where we suspect, on reasonable grounds, that the matter involves corrupt conduct.

We will not tell a reporter or mandated notifier about certain activities if doing so could adversely affect someone’s safety or an investigation we’re running.

We also will not tell a reporter or mandatory notifier about certain activities if doing so could:

• identify another person who has given information in relation to a corruption report
• allow the identity of the other person to be worked out
• would be contrary to a law in force in the ACT.

Current investigations will not be made public, unless it is in the public interest to do so.

If we can’t investigate your matter, it may be referred to another entity.

Examinations

An examination is an investigative tool we use to gather information and evidence to support our investigations into alleged corrupt conduct. Examinations can be held in public or in private; we will only hold an examination in public if it’s in the public interest to do so.

We conduct examinations in a dedicated room at our premises.

A person required to attend an examination is called a witness. They will receive a document called a Summons, which is a legal direction.

If you receive a Summons, this means we have determined that you may have information, documents or things relating to an investigation we’re currently undertaking. It also means we have decided that an examination is the most appropriate means to obtain information from you.

During the examination

At the start of the examination, before giving evidence, a witness must take an oath or make an affirmation that their evidence will be truthful. An oath is made while holding a religious text, while an affirmation is a formal declaration. There is a separate oath or affirmation for people who act as an interpreter for a witness.

Throughout the examination, the witness will be asked questions by Counsel Assisting the Commissioner, as well as the Commissioner himself. Witnesses may be shown documents or other things and be asked questions about them.

A witness may decide to be legally represented when providing evidence in an examination. In limited circumstances, their lawyer may be able to ask questions of the witness.

In a private examination, cross-examination of a witness is generally not permitted, although the Commissioner considers each examination on a case-by-case basis. This is outlined in the Examination Conduct Guidelines.

In a public examination, cross-examination is permitted.

After the examination

Evidence gathered during an examination will help us determine the next steps in our investigation.

After an examination, we review the evidence provided and consider whether further examinations or other investigative actions are required.

Witnesses may be called back multiple times to give evidence. We will contact a witness to formally release them from their duties, as outlined in their Summons.