Commissions

Commissions are investigative bodies created for the purpose of investigating matters or issues of public concern. There are a number of different types of Commissions operating at both State and Federal levels. Some commissions are permanent, whereas some are established for a particular purpose only. 

The investigations conducted by Commissions are often extensive and can result in:

1. Referrals for criminal prosecution; 
2. Criminal charges if false or misleading information or evidence is given at the Commission;
3. Applications for the freezing or forfeiture of assets suspected to be the proceeds of crime; or
4. Reports, findings or adverse comments being published. 

The above can have a  profound impact on a person and their livelihood. It is important that legal advice is obtained early. 

Commissions Investigating Crime and Corruption

Some Commissions focus on investigating crime or corruption. They have significant statutory powers to enable them to do this, including requiring persons to produce documents, provide information, give statements and attend compulsory examinations whereby they are required to answer questions.  

In some cases, criminal prosecution will follow a commission or inquiry. This is more commonly the case with respect to inquiries or investigations from the NSW Crime Commission, the Australian Criminal Intelligence Commission (formerly the Australian Crime Commission) or the Independent Commission Against Corruption. 

The Commissions operating in New South Wales that investigate crime and corruption include:

1. The New South Wales Crime Commission;
2. The Australian Securities and Investments Commission; 
3. The Australian Criminal Intelligence Commission; and
4. The Independent Commission Against Corruption. 

There are also Commissions established for particular purposes, which will not operate permanently. Examples include Royal Commissions and Special Commissions of Inquiry. It is possible, but generally speaking less likely, that criminal referrals will be made as a result of these commissions, unless their focus is specifically related to crime or corruption.

In some cases, the Commissions investigating crime and corruption may form the view that individuals or businesses have obtained assets or benefits as a result of Crimes. In such cases, applications may be made for the freezing or forfeiture of assets which are said to be or relate to proceeds of crime or corrupt activity. These applications are made to the NSW Supreme Court and can be opposed or negotiated by the person or business subject to the application. 

Need for Legal Advice and Representation

It is important for people to get legal advice where there is any risk of criminal prosecution or interference with assets. Where a person has been requested to provide documents, a statement or attend a compulsory examination in relation to a Commission’s investigation or enquiry, the need for legal advice is imperative if there is any risk, no matter how slight, of implication in a crime or corruption. 

Further Information about Commissions

For further information about Commissions please see:

1. Asset Restraining Or Freezing Orders
2. Appearing Before a Commission
3. Australian Criminal Intelligence Commission
4. What Happens in a Commission Hearing?

If you require any information about commissions or any other legal matter please contact Armstrong Legal.