Providing false or misleading information to the Commission

Providing false or misleading information to the Commission

It is very important to tell the truth in all dealings with the Commission and Commission staff. Failure to do so can have very serious consequences.

It is an offence to knowingly make a false statement to, mislead, or attempt to mislead the Commissioner or a member of staff of the Commission.

A person who has been served with an examination summons and gives evidence at an examination that the person knows is false or misleading is in contempt of the Commission, and will have committed a criminal offence.

A person who makes a report to the Commission and knowingly provides information that is false, misleading or vexatious forfeits the protections under the Integrity Commission Act 2018.

Under section 37 of the Public interest Disclosure Act 2012, protections may be lost if a court determines that the discloser has provided false or misleading information to a Public interest Disclosure investigator, or where the discloser’s report is vexatious. However, the protection may continue if the court determines that that conduct has not materially prejudiced the investigation and is of a minor nature.

Where a failure to substantiate the allegations occurs because the disclosure was frivolous or vexatious, a court may find the discloser forfeits any protections under the Public interest Disclosure Act 2012 and the investigating entity may consider whether taking action against the discloser is appropriate, having regard to all the relevant circumstances.