Specialist ICAC Lawyers in Sydney & Nationwide
Expert Representation at Independent Commission Against Corruption (ICAC)
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have successfully represented witnesses, subjects, and interested parties at ICAC compulsory examinations and public inquiries. From Operation Keppel to high-profile corruption investigations, our lawyers have protected clients' legal rights and reputations in the most intense public scrutiny. Our victories demonstrate our unwavering commitment to robust advocacy before Australia's premier anti-corruption body.
Extensive Commission Expertise
Appearing before the ICAC is fundamentally different from court proceedings. It is an inquisitorial body with broad coercive powers and high-profile public exposure. Our team of experienced ICAC lawyers understands the specific rules, procedures, and the investigative nature of the Commission. We expertly navigate the complexities of the Independent Commission Against Corruption Act 1988 to ensure the best possible outcome for our clients.
Personalised Approach
Every ICAC matter carries reputational, legal, and career risks. Our lawyers in our Sydney office take the time to understand your specific circumstances and the allegations you face. We tailor a legal strategy that protects your rights, manages your reputation, and presents your evidence persuasively to the Commission, whether you are a witness, a subject of investigation, or a person with relevant knowledge.
Strategic Representation
An ICAC investigation can be prolonged and stressful. We provide clear guidance on your obligations, your rights, and the realistic risks you face. We will represent you at compulsory examinations, cross-examine witnesses on your behalf, make legal objections, and prepare comprehensive submissions. Our goal is to protect your interests and ensure procedural fairness throughout the investigation.
ICAC Lawyer: Matters We Handle
COMPULSORY EXAMINATION REPRESENTATION
If you are summoned to give evidence at a compulsory examination, you have the right to legal representation. Our lawyers prepare you thoroughly, brief you on the likely lines of questioning, advise on privilege and self-incrimination, and represent you in the examination room. We protect you from unfair questioning and ensure your responses are legally safe and accurate.
SUBJECT OF INVESTIGATION DEFENCE
If you are the subject of an ICAC investigation (meaning allegations of corrupt conduct are directed at you), the stakes are extremely high. We provide robust defence representation throughout the investigation, from initial contact through to any public inquiry. We prepare submissions challenging the allegations, arrange for you to examine witnesses, and advocate fiercely to ensure any adverse findings are properly contested.
WITNESS PREPARATION & CROSS-EXAMINATION
As a witness, you may be called to give evidence about corrupt conduct by others. We prepare you for examination, ensure you understand the scope of questions, and can conduct cross-examination of witnesses whose evidence is adverse to your interests. This ensures your account is heard clearly and that false or misleading evidence is challenged.
LEGAL PRIVILEGE & OBJECTIONS
Our civil litigation lawyers represent clients in medical negligence cases, working tirelessly to hold healthcare providers accountable for substandard care. Our civil litigation lawyers can help secure compensation for the injuries and suffering caused.
DISCIPLINARY & PROSECUTION REFERRALS
If ICAC makes adverse findings against you, it may refer the matter to the Director of Public Prosecutions (DPP) for criminal prosecution or to your employer or regulator for disciplinary action. We advise you on the seriousness of findings, help you prepare for potential prosecution, and represent you in any subsequent disciplinary proceedings.
REPUTATIONAL MANAGEMENT
ICAC investigations are public and heavily reported by the media. We provide strategic advice on managing your reputation during the investigation, coordinating with communications advisors, and preparing public statements where appropriate. We also advise on the timing and content of any voluntary disclosure or cooperation that may help your position.
Protecting Your Rights: Actions ICAC Lawyers Can Take
At O’Brien Criminal and Civil Solicitors, our team understands the intensity and complexity of an ICAC investigation. The Commission has extraordinary powers and the public spotlight is unforgiving. Here are some ways we can help you:
We conduct comprehensive pre-examination briefings tailored to your specific circumstances and the likely lines of questioning. We anticipate the examiner's strategy, advise on claims of privilege and self-incrimination, help you organise your evidence, and coach you on remaining calm and composed under intense pressure. Our goal is to ensure you are fully prepared, confident, and legally protected when you enter the examination room.
We make strategic legal objections throughout your examination to protect your rights and legal position. This includes objecting to improper or unfair questions, asserting claims of legal professional privilege, challenging requests for document production where grounds exist, and protecting you from self-incrimination. We ensure ICAC operates within its powers and that you are not pressured into waiving important legal protections or inadvertently incriminating yourself.
Where you are the subject of investigation or an interested party, we cross-examine witnesses whose evidence implicates or incriminates you. We test their credibility, probe inconsistencies in their accounts, expose weaknesses in their evidence, and challenge falsehoods or exaggerations.
Our cross-examination ensures that your version of events receives proper scrutiny and that misleading or false evidence is vigorously challenged before the Commission.
Meet Our ICAC Team
With over a decade of experience at ICAC and other inquisitorial bodies, our team is recognised as a leader in commission advocacy. Led by firm founder and Principal Solicitor, Peter O’Brien, we have appeared in some of Australia’s high-profile corruption investigations. Our lawyers have represented clients from all sectors, including government, business, professional services, and not-for-profit organisations.
Our team includes lawyers with extensive experience in criminal law, administrative law, and inquisitorial proceedings. We regularly engage specialist barristers where required. To achieve the best outcome, we combine our deep knowledge of ICAC procedures with strategic thinking tailored to your specific circumstances and the allegations you face.
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
The ICAC Investigation Process
1. Free Initial Consultation
If you have been contacted by ICAC or suspect you may be involved in an investigation, contact O'Brien Criminal and Civil Solicitors immediately for a free consultation. We will assess your position, explain your rights and obligations, and discuss representation options and costs.
2. Pre-Examination Preparation
If you are summoned to give evidence, your lawyer will prepare you thoroughly. We will review likely questions, advise on privilege claims, explain the examination process, and help you manage the stress and public attention.
3. Representation at Examination
Your lawyer will sit with you during the compulsory examination. We will make legal objections, advise you on answers, protect you from unfair questioning, and ensure your evidence is presented clearly and accurately.
4. Post-Examination Strategy
After your examination, we will advise on any follow-up actions, potential risks, and how to prepare for possible public inquiry or disciplinary proceedings. We will keep you informed and help you plan your next moves.
Remember: ICAC has broad investigative powers. Time is critical. The sooner you engage expert legal representation, the better we can protect your rights and manage the risks.
What to Do if You Are Contacted by ICAC
If you receive a summons or are contacted by ICAC, you are entering a high-stakes legal process. The Commission’s investigative powers are broad, and the public attention is intense. Here is what you need to do:
Received a Summons to Give Evidence
- Read the Summons Carefully
- Check the Details: Note the date, time, and location of the compulsory examination. Failure to attend is a criminal offence.
- Check the Scope: The summons will specify the subject matter of the investigation. This tells you what topics ICAC is investigating.
- Seek Legal Advice Immediately
- Consult a Lawyer: Contact an ICAC specialist lawyer as soon as you receive the summons. Do not delay.
- Understand Your Obligations: We will explain what you must do, what you can and cannot do, and what rights you have to claim privilege or object to questions.
- Prepare Your Evidence
- Gather Documents: Collect any documents, emails, or records relevant to the investigation. Your lawyer will help you organise and review these.
- Prepare Your Account: Write down everything you remember about the relevant events. Your lawyer will help you prepare a clear, accurate account that you can present at the examination.
You Are the Subject of Investigation
- Do Not Make Statements
- Silence is Protection: If you are the subject of investigation (meaning allegations of corrupt conduct are directed at you), do not speak to ICAC officers or make any statement without your lawyer present.
- No Self-Incrimination: Anything you say can be used against you in criminal proceedings. Silence is not an admission of guilt; it is an exercise of your legal rights.
- Seek Legal Advice Immediately
- Engage a Specialist: Contact an ICAC lawyer immediately. This is serious. You need an expert in your corner from day one.
- Assess Your Position: Your lawyer will review the allegations, assess the evidence ICAC is likely to have, and advise on your risks and options.
- Prepare Your Defence
- Gather Evidence: Collect documents, communications, and other evidence that supports your account or contradicts the allegations.
- Prepare Submissions: Your lawyer will prepare written submissions challenging the allegations and asserting your innocence or lack of corrupt conduct.
You Are a Witness to Corrupt Conduct
- Document What You Know
- Record Details: Write down everything you witnessed or know about the corrupt conduct, including dates, times, people involved, and what was said or done.
- Collect Evidence: Gather any documents, emails, messages, or other records that support your account.
- Seek Legal Advice Before Attending
- Prepare: Even as a witness, you should obtain legal advice before your examination. Your lawyer will prepare you, advise on your rights, and represent you during questioning.
- Know Your Limits: Your lawyer will advise on what you must answer and what you can object to (e.g., questions about legal advice or privileged communications).
- Expect Public Attention
- Media: ICAC inquiries are often high-profile and heavily reported. Be prepared for media interest. Your lawyer can advise on media management and whether you should make any public statement.
General Tips for All ICAC Proceedings
- Act Quickly
- Time is Critical: The sooner you engage a lawyer, the better we can prepare your evidence, advise on risks, and protect your legal position.
- Do Not Delay: Delays can result in missed opportunities to lodge objections or prepare submissions.Delays can result in missed opportunities to lodge objections or prepare submissions.
- Know Your Rights
- Right to Representation: You have the right to be represented by a lawyer at compulsory examinations. Exercise this right.
- Right to Silence (Limited): In some circumstances, you may claim privilege against self-incrimination. Your lawyer will advise when this applies.
- Right to Fairness: ICAC must afford you procedural fairness. Your lawyer will ensure this is maintained.
Remember: Don’t face the ICAC alone. Let the specialists at O’Brien Criminal and Civil Solicitors guide you through this intense and complex process. We have extensive experience at ICAC and will fight to protect your legal rights and reputation.
Whether you are suing the police, seeking compensation for historical abuse, or pursuing a claim against a perpetrator, we are here to help you with your legal issues. Plus, in many civil disputes, you can benefit from having all costs covered in a no-win, no-fee arrangement.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs
The Independent Commission Against Corruption (ICAC) is an independent NSW Government body established in 1988 to investigate and expose corrupt conduct in the NSW public sector. It operates under the Independent Commission Against Corruption Act 1988.
ICAC's key functions include:
- Investigating allegations of corrupt conduct by public officials and authorities
- Conducting compulsory examinations and public inquiries
- Making recommendations for prosecution to the Director of Public Prosecutions (DPP)
- Referring matters for disciplinary action
- Educating public authorities about corruption prevention
ICAC is independent from political direction and has broad powers to compel witnesses, issue search warrants, and publicly report its findings.
Yes. If you receive a summons to give evidence at an ICAC compulsory examination or public inquiry, you are legally required to attend.
Failure to attend or refusal to answer relevant questions is a criminal offence under the ICAC Act and can result in:
- Contempt proceedings
- Fines
- Criminal prosecution
Even if you believe the investigation doesn't concern you or that you have nothing relevant to say, you must comply with the summons. Your lawyer can advise on your obligations and any legitimate objections.
Yes. You have the right to be represented by a lawyer at ICAC compulsory examinations and public inquiries.
Having legal representation is strongly recommended, especially if:
- You are the subject of allegations of corrupt conduct
- Answering questions might incriminate you
- The matter is likely to result in adverse findings
- The investigation is receiving media attention
Your lawyer can sit with you during the examination, make legal objections, advise on privilege claims, and protect you from unfair questioning.
No, not fully. Unlike criminal proceedings, your right to silence is significantly limited at ICAC.
Under the ICAC Act:
- You must answer all relevant questions, even if the answers might incriminate you
- You can object to answering questions on the basis of self-incrimination, but ICAC can compel you to answer anyway
- If you are compelled to answer, there are limited "use immunity" protections that restrict how your answers can be used in later criminal proceedings
Because the right to silence is limited, it is critical to have a lawyer advise you on when and how to claim privilege and what protections apply.
No. ICAC cannot prosecute anyone. It is an investigative body, not a court.
However, ICAC can:
- Make findings of corrupt conduct against you
- Recommend to the Director of Public Prosecutions (DPP) that you be prosecuted
- Refer matters to your employer or regulator for disciplinary action
- Publicly report adverse findings that can damage your reputation
If ICAC recommends prosecution, the DPP will decide whether to lay criminal charges. If charges are laid, the matter proceeds to the NSW criminal courts.
In some cases, yes. ICAC has a limited legal financial assistance scheme for certain witnesses, particularly:
- Witnesses of limited means who are not the subject of allegations
- Victims of corrupt conduct
- Whistleblowers
If you are the subject of investigation or a senior public official, you may not be eligible for ICAC funding. However, your employer (such as a government department or local council) may fund your representation.
Your lawyer can advise on eligibility and help you apply for assistance or negotiate funding with your employer.
It depends. ICAC can conduct either:
- Private compulsory examinations – closed to the public and media, often used in the early investigation phase
- Public inquiries – open hearings where evidence is heard publicly and reported by the media
If your examination is public, your name, evidence, and any allegations will be reported in the media. This can have serious reputational consequences.
Your lawyer can apply for:
- A suppression order to prevent publication of your name or certain evidence
- A direction that your evidence be heard in a private session
Whether these orders are granted depends on the circumstances and the public interest.
If ICAC makes adverse findings of corrupt conduct against you, the consequences can include:
- Referral to the DPP for criminal prosecution
- Referral to your employer or regulator for disciplinary action (which may result in dismissal or loss of professional registration)
- Public reporting of findings, damaging your reputation
- Potential civil claims for damages
Before ICAC makes any adverse findings, Counsel Assisting the Commission will prepare written submissions setting out the potential findings. You or your lawyer have the opportunity to make submissions in response, challenging the findings and presenting mitigating evidence.
This is a critical stage where skilled legal representation can make the difference between adverse findings and no findings.
ICAC investigations vary significantly in length, typically ranging from several months to over a year, depending on:
- The complexity of the allegations
- The number of witnesses and volume of documents
- Whether the matter proceeds to a public inquiry
- The Commission's caseload and priorities
Some matters resolve quickly through private examinations. High-profile public inquiries, like Operation Keppel, can run for months with multiple hearing days.
Your lawyer will keep you informed of the investigation timeline and prepare you for each stage, from initial examination through to final report.
Civil Law Case Studies
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A former inmate at Dillwynia Correctional Centre successfully pursued civil action after being exploited
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A routine police stop in NSW escalated into an unlawful arrest, physical force, and
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