Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Australian Criminal Intelligence Commission
The Australian Criminal Intelligence Commission (ACIC) is Australia’s national criminal intelligence agency. It was formed when the Australian Crime Commission and CrimTrac merged to form a new agency in July 2016. ACIC operates within the Department of Home Affairs portfolio. It investigates serious and organised crime in Australia and provides intelligence to state, territory and national law enforcement agencies.
Do I Have To Attend?
Any person who receives a summons from the Australian Criminal Intelligence Commission must attend. If the person does not attend in response to a summons, a warrant for their arrest may be issued under Section 31 of the Australian Crime Commission Act 2002.
What Will Happen at the hearing?
iIf you are called as a witness, you are required to take an oath or affirmation to tell the truth. You must answer all questions, and/or provide documents. If you don’t answer questions or hand over documents required you are in contempt of the Australian Criminal Intelligence Commission. If you give false or misleading evidence then under Section 33 of the Australian Crime Commission Act 2002 (Cth) you may be convicted and receive a fine of 200 penalty units or five years imprisonment.
Protection Against Self Incrimination
When appearing at a hearing a person can seek to object to giving evidence on the basis of self-incrimination. This does not prevent them from having to answer the questions nor does it make them immune to prosecution by a law enforcement agency. It simply prevents the evidence given at the hearing from being used against them in a criminal or civil hearing.
A person should, before answering any questions, tell the Australian Criminal Intelligence Commission that the evidence might be self-incriminating prior giving the evidence. If they do so the responses cannot be used as evidence against them in later criminal proceedings.
That being said, law enforcement agencies can still use a person’s answers to investigate and gather other evidence to use against them.
Do I Need A Lawyer?
Legal representation is not compulsory; however it is strongly recommended. This is because the Commissioner or examiner conducting the hearing is not an independent person like a judge or a magistrate in a regular court. They work for the Australian Criminal Intelligence Commission. A lawyer can object to misleading or offensive questions. They can also object to any questions which have no basis, are confusing or are otherwise inappropriate.
An experienced lawyer will know what questions are unfair and raise objections when needed. They will ensure the person’s interests are protected as best they can be. They will also be able to advise the person about self-incrimination and when such concerns ought to be raised or placed on the record.
Non-Disclosure Of Evidence
At the end of an examination, the examiner gives both a recording of the proceedings and all documents/things to the head of the investigation. The examiner normally orders that no information provided is to be published. If a person shares or publishes information they have provided they could be convicted of an offence under Section 29B of the Australian Crime Commission Act and be liable to 120 penalty units and/or imprisonment for two years. This includes sharing information about the mere existence of the hearing or what was being investigated.
The Australian Criminal Intelligence Commission only investigates matters.It does not prosecute. It may however refer a matter to either the Attorney General, the Director of Public Prosecutions and/or the police for prosecution. Since there are no judicial findings, there is no appeal process available to the examination.
If you require any information about commissions or any other legal matter phone us on 1300 038 223 or email us.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
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Canberra ACT 2601
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Perth WA 6000