Royal Commission Lawyers

Call Us (03) 9670 5111

Royal Commission Offences

Outside of seeking advice from Royal commission lawyers for appearing as a witness, there are specific Royal Commission offences that a person can be charged with.

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

$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

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

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.