In a Commonwealth Royal Commission, contempt is punishable by the head of the Commission who has all of the powers of a High Court Judge in that respect.
Witnesses giving evidence before a Royal Commission established by the Commonwealth are liable to the following offences 3 and Pt 3 of the Royal Commissions Act 1902 (Cth):
Offence | Maximum Penalty |
Obstructing the Commission- Failing to attend a hearing if you are required as a witness
- Failing to produce documents that you are required to produce
- Refusing to be sworn or make an affirmation, or to answer any question relevant to the inquiry put to you by any of the Commissioners
- Giving false or misleading evidence
- Doing anything that results in the destruction, concealment or mutilation of a document or thing that is or may be required in evidence before the Commission
| $1000 or 6 months imprisonment $1000 or 6 months imprisonment $1000 or 6 months imprisonment $20,000 or 5 years imprisonment
$10,000 or 2 years imprisonment |
Offences relating to Witnesses- Bribing a witness to give false testimony or withhold true testimony
- Practicing fraud on a witness (e.g. by making false representations to
him/her with the intention of affecting his/her testimony) - Preventing a witness from attending before a Royal Commission
- Causing injury (by violence, punishment, damage, loss or disadvantage) to a person for appearing as a witness, giving evidence or producing documents before a Royal Commission
- Dismissing an employee for appearing as a witness before a Royal Commission
| 5 years imprisonment 2 years imprisonment 1 year imprisonment $1000 or 1 year imprisonment $1000 or 1 year imprisonment |
Contempt- Intentionally insulting or disturbing a Royal Commission,
- Interrupting the proceedings of a Royal Commission
- Using any insulting language towards a Royal Commission
- Writing or saying anything that is false and defamatory of a Royal Commission
| $200 or 3 months imprisonment $200 or 3 months imprisonment $200 or 3 months imprisonment $200 or 3 months imprisonment |
Before a Victorian Royal Commission, the question of contempt is referred to the Supreme Court.
Witnesses appearing before Victorian Royal Commissions, a limited range of offences apply under ss 16, 19 and 20 of the Evidence (Miscellaneous Provisions) Act 1958 (Vic) and s 314 of the Crimes Act 1958 (Vic):
Offence | Maximum Penalty |
- Failing without reasonable excuse to attend as required or to
produce any documents as required by the summons - Once before the Commission, refusing to be sworn or without
lawful excuse refuses or fails to answer any question touching the
subject-matter of inquiry or to produce any document - Giving false evidence under oath before a Commission (perjury)
| 15 penalty units ($2165.40 in FY13-14)
or 3 months imprisonment15 penalty units ($2165.40 in FY13-14)
or 3 months imprisonment15 years imprisonment |
To view sentencing decisions by Victorian County Courts for offences against the Royal Commission Act, visit this page.
