There are a number of reasons why a person may be called to attend an examination and give evidence. Some reasons include:
- they may be involved in some way with a matter we are investigating
- they may have specific subject matter expertise that will help us to understand a matter.
Being called as a witness to provide evidence in an examination does not mean an adverse finding will be made against that person.
We call a range of different witnesses throughout an investigation and consider all information they provide carefully before finalising an investigation and making formal findings.
A witness will be required to attend our premises to give evidence, produce documents or other things. These requirements are detailed in a document called a Summons.
Support services
ACTPS members may be eligible for a Specialist Support Service for witnesses.
As a witness, you may be able to access other services as needed, such as your doctor, Employee Assistance Program (EAP), ACT Health, or the Australian Psychological Society referral service .
You can also access support through the following services:
Lifeline 13 11 14
Suicide Call Back Service 1300 659 467
Mental Health Line 1800 011 511
Beyond Blue 1300 224 636
Headspace (for people aged 12-25) 1800 650 890
A Summons is a legal document that will be given to you by a Commission staff member. It requires you to attend our premises at a specified date and time to attend an examination or to produce a document or thing.
If you receive a Summons from us, you should:
- read the Summons and any enclosed documents carefully
- comply with the requirements specified in these documents.
If you’re under the age of 16 and provide us with proof of your age, you do not need to comply with the Summons.
Failure to comply with the requirements in the Summons may be an offence, and penalties may apply.
If you do not understand the requirements in the Summons, we advise seeking legal advice.
A Confidentiality Notice may be one of the other legal documents you receive. This notice requires you to maintain 'confidentiality' - or secrecy - about a particular matter.
A Confidentiality Notice explains that you must not disclose information about your Summons (including its existence). Your Confidentiality Notice may have some exceptions permitted – make sure to read it carefully.
You must not discuss the Summons at your workplace, or with your co-workers, unless this is specifically allowed by your Confidentiality Notice.
Failure to comply with a Confidentiality Notice may be an offence, and penalties may apply.
You’re entitled to seek legal advice about the Summons. If you seek legal advice, you must provide your lawyer with a copy of the Confidentiality Notice and tell them that they are bound by it. You also have the right to legal representation at the examination.
As a witness in an examination, you must answer all questions truthfully. It is an offence to knowingly give false or misleading evidence to us.
If we decide to make an examination public, you will be given an opportunity to make submissions on the question of holding the examination in public. The Commissioner will consider any such submissions carefully when determining whether to hold a public examination.
The Standard Directions for Public Examinations apply to the conduct of any public examination we hold, and should be read with the Examination Guidelines and the Examination (Conduct) Guidelines.
We can facilitate special requirements for witnesses, where necessary.
- We can provide an interpreter at the examination, if your knowledge of the English language does not enable you to understand or answer questions.
- If you are under the age of 18, you must be accompanied at the examination by a parent, guardian or an independent person.
- If you have a mental impairment, an independent person must be present during the examination.
- If you have a medical condition or mental health condition and you need special arrangements to be put in place, please ensure you notify us in advance so that we can make necessary arrangements and discuss your options with you.
We are committed to supporting witnesses involved in, or subject to, our investigations. In support of this commitment, we have developed a suite of resources: