The Corruption and Crime Commission (CCC) of Western Australia is an independent body established to combat and reduce misconduct in the public sector, including serious corruption. One of its key powers is the ability to conduct private examinations, which are formal, closed-door proceedings used to gather evidence and investigate allegations of serious misconduct or corruption.
Purpose of a Private Examination
A private examination is held to obtain information that may assist the CCC’s investigations. These sessions are not public and are often used when the Commission believes that making proceedings public could jeopardise the investigation, reveal sensitive information, or place witnesses at risk.
Private examinations are commonly used to:
- Examine public officers suspected of misconduct.
- Obtain evidence from witnesses who may have relevant knowledge.
- Uncover complex or systemic corruption within government agencies.
Legal Powers and Procedures
The CCC has significant powers under the Corruption, Crime and Misconduct Act 2003. It can compel individuals to:
- Attend the examination.
- Answer questions under oath or affirmation.
- Produce documents or other evidence.
Failure to comply with a summons, refusing to answer questions, or providing false or misleading information can lead to criminal charges.
What Happens During the Examination
- Notification and Summons: If you are required to appear, you will receive a formal notice (summons) indicating the date, time, and location of the examination, along with what you must bring.
- Legal Representation: You are entitled to legal representation, although legal aid may not be provided. If you do not have a lawyer, you can request to postpone the examination to arrange one.
- Examination Setting: The examination takes place in a secure, private setting. Only CCC officers, your legal representative, and a recording officer are present. The session is audio- and video-recorded.
- Questioning: A CCC examiner will ask questions, often beginning with general background before progressing to more specific and probing questions. You must answer truthfully. You may also be asked to explain inconsistencies or provide clarification about documents.
- Confidentiality: You’re generally not allowed to disclose that you attended a private examination or what was discussed, except in very limited circumstances (such as speaking to your lawyer). Breaching this confidentiality can result in penalties.
- Use of Evidence: Evidence gathered in private examinations may be used later in public hearings, reports, or prosecutions, though steps are taken to protect confidentiality where appropriate.
What to Be Aware Of
- It is not a criminal trial, but the findings may lead to criminal referrals.
- You do not have the right to silence as you would in court, although protections exist to prevent your answers from being used directly against you in criminal proceedings (except in perjury or false statement cases).
- Your mental and emotional preparedness is important, as questioning can be intense.
Conclusion
A CCC private examination is a serious, formal process designed to uncover misconduct in the public sector. If summoned, it is essential to take the process seriously, seek legal advice, and fully understand your rights and obligations. Transparency and cooperation are key, but so is protecting your legal position with proper guidance.
