A Royal Commission is a formal inquiry into a matter which is considered of high public importance and concern. A Royal Commission has significant investigative powers, including the ability to summon witnesses and request individuals or companies to produce documents that may assist in the investigation.

By law, if you are summoned, you are required to attend a Royal Commission and provide evidence. If you fail to attend a Royal Commission after being summoned, you may be arrested under Section 6B of the Royal Commissions Act 1902 (Cth).

If you are summoned to provide evidence at a Royal Commission, it is important that you are aware of your responsibility to provide truthful evidence. Like committing perjury or perverting the course of justice, it is a criminal offence to provide false or misleading evidence to a Royal Commission. This offence carries a maximum penalty of 5 years imprisonment and/or a fine of 200 penalty units (currently $44,400).

It is also a criminal offence under Section 6 of the Act to refuse to be sworn or take an affirmation, or to answer any questions which are put to you by the Commissioners. This offence carries a maximum penalty of up to 2 years imprisonment.

A Royal Commission has the power to refer suspected criminal activity to relevant enforcement authorities. This may also include recommendations to prosecute certain individuals who have allegedly been involved in criminal conduct. Although, it is important to noted that any statement that you provide as part of a Royal Commission is not admissible for evidence against you (as a natural person) in any civil or criminal proceedings.

See our Royal Commission page for more information about having legal representation at a Royal Commission.