One of the roles of the ICAC (Independent Commission Against Corruption) is to investigate and expose corrupt conduct in the NSW public sector. Whilst the ICAC cannot prosecute you, it may recommend to the Director of Public Prosecutions that you be prosecuted. The ICAC Hearings have broad powers to investigate any allegation or circumstance that, in its opinion, implies that corrupt conduct might have occurred.
If you receive a summons to give evidence at a compulsory examination or public inquiry, the ICAC will normally allow you to be legally represented. If answering questions or producing documents might incriminate you, it is advisable that you arrange legal representation. It is a criminal offence to fail to attend the hearing or to refuse to answer relevant questions. However, you are allowed to object to certain questions. O’Brien Solicitors can represent you at the hearing to ensure that your rights are protected.
If you are the subject of an allegation of corrupt conduct, you or your lawyer will be given the opportunity to examine the witnesses who make the allegation. If there is a possibility of an adverse finding being made against you, Counsel Assisting the ICAC will prepare submissions that set out the potential adverse findings, and you or your lawyer will be allowed to make submissions in response. In this situation, it is advisable that you engage a lawyer. O’Brien Solicitors provides these services.