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."
What Happens in a Commission Hearing?
Each commission is different and what happens in a commission hearing may differ from one commission to another. Hearings are typically conducted after significant investigation has been carried out. terms of reference (i.e. what the hearing is about and what it will deal with) will generally be established prior to the hearing commencing.
A commission hearing may be heard before the Commissioner themselves, or before a Deputy Commissioner or other delegate. Royal Commissions or ICAC public enquiries are often heard before a retired or presiding Judge who has been appointed as the Commissioner.
Any person who is required to give evidence or supply documents at a hearing will be summonsed to give evidence, much like in a court hearing. The witness will first be asked to take an oath or affirmation that they will tell the truth before they enter the witness box. They will be asked questions by the counsel assisting the commissioner or an investigator, depending on the nature of the commission hearing. A person compelled to give evidence at a hearing is required to answer all questions honestly and/or produce they documents or things required.
A witness called before a commission is required to answer all questions and provide any documents or things required to be produced. Unlike a typical court hearing or interrogation by law enforcement, a person can be compelled to answer a question or produce a document or thing even if they would incriminate themselves by doing so.
If you have been summonsed to give evidence to a commission, it is important to get legal advice. Depending on the type of commission and the nature of the hearing, you may be able to object to answering questions on the basis of self-incrimination. However, this will only prevent the evidence given at the hearing being used in any later civil or criminal proceedings.
Where an objection is made by a witness before a commission, they will still be required to answer the question but the evidence they give will usually only be permitted to be used in that commission of inquiry, and in any proceedings relating to contempt of the commission. The evidence the witness provides will not be able to be used against them in later proceedings. However, it could be used by law enforcement to investigate or locate other evidence in a prosecution case against them.
Right to a Lawyer
In all commissions, participants have a right to legal representation. Obtaining legal advice prior to appearing at a hearing is critical. Further, the attendance of a legal representative at the commission can be highly beneficial as the Commissioner or person conducting the hearing is not independent of the investigation. The individuals questioning witnesses are usually the ones who make the final decision about the inquiry. As such, they are very interested in gaining evidence from the person being questioned to help the investigation or inquiry.
It is important to have an experienced lawyer present. They can provide valuable assistance, advice and can act to protect your interests. A legal representative can object to questions that are offensive or misleading, and object to questions that lead to self-incriminating evidence so that this may not be used against you in any other criminal or civil proceedings.
If you have any questions about what happens in a commission hearing or any other legal matter, call our lawyers on 1300 038 223 or send us an email.
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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