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. You can also contact us.
Being released from your Summons means you are no longer required to comply with its instructions or obligations.
However, any Confidentiality Notice issued with your Summons remains in effect unless you have received a revocation notice or it has expired (3 years after the date of issue). Until then, you are still bound by its conditions.
This depends on the type of the Summons you have received.
For a Summons to produce documents or things, you may be released after the Commission has received the documents and/or things Summonsed.
For a Summons to appear, at the end of the examination the Commissioner will tell you whether or not you are released from your Summons. If you are not released, this means you will be asked to come back at another time to appear.
Even if you are released, you still need to comply with your Confidentiality Notice.
If you were issued with a Confidentiality Notice at the same time as your Summons, the answer is no. Even if you have been released from your Summons, the Confidentiality Notice still applies unless you have received a formal revocation notice, or the notice has expired (3 years after the date of issue).
If you were not issued with a Confidentiality Notice with your Summons, then you are not prevented from talking about the evidence you gave.
If your Confidentiality Notice expires and you have not received any communication from the Commission about revocation, you do not need to take any action. Once the notice has expired, you are no longer bound by its conditions.
After giving evidence at the Commission, one of two actions will happen:
- Immediate release from your Summons - The Commissioner may tell you at the end of your evidence that you are released from your Summons. In this case, you are no longer bound by its obligations and, unless you receive another Summons, you will not need to take any further action. You are still bound by your Confidentiality Notice until otherwise instructed.
- Possible re-attendance - If you are not released at the end of your evidence, it means the Commissioner considers there may be a need for you to return later. Until you are formally released, you may be required to re-attend. You will receive written confirmation once the Commissioner is satisfied you are no longer required to attend.
If adverse findings are made, you will receive a copy of the proposed Investigation or Special Report once it is completed. This forms part of the Commission’s procedural fairness process.
At this stage, you have at least six weeks to provide written comments to the Commission on the proposed report. The Commission will consider any comments made and will notify you about whether the proposed report has, or has not, been amended following your comments.
It is not our role to determine any actions after we publish a report that contains findings against you. Any next steps are a matter for your employer, or other relevant parties, to determine.