Navigating Inquiries and Commissions in Melbourne

Sep 15, 2025
3 min read

Receiving a summons to appear before a commission of inquiry is a formal legal directive to provide evidence. These proceedings are fundamentally different from standard court cases, operating under an inquisitorial model rather than an adversarial one. The stakes are significant, with potential outcomes impacting professional reputation, career, and the possibility of subsequent criminal proceedings. If you are summoned by a body such as the IBAC or ACIC, securing expert legal representation from a team experienced in these specific proceedings is an essential step to protect your legal interests.

What are Commissions and Statutory Inquiries?

Commissions of inquiry are bodies with the power to investigate matters of public concern. In Victoria, these can include bodies like the Independent Broad-based Anti-corruption Commission (IBAC) and the Australian Criminal Intelligence Commission (ACIC).

IBAC investigates Victoria's public sector agencies and officers. This can even extend to private contractors performing public functions, such as in construction or service procurement.
ACIC has the power to investigate organised crime, using coercive powers to summon individuals for examination.

Both these agencies can compel you to answer their questions. This is where having an experienced lawyer by your side is essential to protect your rights and interests.

How are these Inquiries Different from Court?

The most significant difference is that these inquiries are inquisitorial, not adversarial. In a typical court case, two opposing sides present their case to a neutral judge. In an inquiry, the commission actively investigates the matter, and the lines are not as clearly drawn. This can feel overwhelming and confusing for those unfamiliar with the process.

This is why you need a legal team with specific experience in this area. Just as you would seek out the best criminal lawyers in Melbourne for a criminal charge, or specialised traffic lawyers in Melbourne for a driving offence, you need a lawyer who understands the unique challenges of a commission of inquiry.

Immediate Steps to Take if You Receive a Summons

If you are served with a summons to appear before a commission, your immediate actions are critical. To protect your legal position, follow these essential steps:

Do Not Ignore It. A summons is a compulsory legal order. Failing to comply can lead to significant penalties, including fines or imprisonment for contempt.
Understand Your Rights. The rules of evidence and procedure in these inquiries are unique. Rights that apply in a courtroom, such as the privilege against self-incrimination, may be altered or completely abrogated. You must understand the specific legal framework you are entering.
Maintain Confidentiality. These summons almost always include strict confidentiality clauses. Do not discuss the summons, its contents, or the investigation with anyone—including colleagues, friends, or family—as this could breach the order.
Engage Expert Legal Counsel Immediately. This is the single most important step. Before responding or taking any action, engage a lawyer with specific expertise in commissions of inquiry. They can interpret the scope of the summons, advise you on your obligations, prepare you for the examination, and represent you during the hearing itself to ensure your rights are protected.

The Potential Consequences and Why You Need Expert Legal Help

Being involved in an inquiry can have far-reaching consequences, including:

Criminal Proceedings: Information uncovered in an inquiry can lead to criminal charges.
Reputational Damage: Particularly for those in the public eye, the political and reputational fallout can be immense.
Impact on Family and Employment: The stress and uncertainty can take a toll on your personal life and future prospects.

How Rebecca Burdon Legal Can Help You

If you've been summoned to a commission of inquiry, we can help by:

Preparing you for the hearing: We'll ensure you understand the process and your rights.
Representing you at the inquiry: We will be by your side to provide expert advice and advocacy.
Managing the wider impact: We work closely with you to manage the potential reputational and personal consequences.

Our team of expert lawyers is committed to providing the highest level of service and support. We take particular care in managing your matter, working closely with you to identify and overcome the challenges you face.