Legal assistance for witnesses
Legal assistance for witnesses
Assistance to witnesses is available under the following schemes:
Statutory scheme
Section 52 of the Independent Commission Against Corruption Act 1988 provides that a witness who is appearing or who is about to appear before the Independent Commission Against Corruption (ICAC) may make an application to the Attorney General for assistance.
An application for assistance must be made before a witness is required to appear before ICAC.
If an application is made, the Attorney General may, if satisfied that it would involve substantial hardship (interpreted as including financial hardship) to the person to refuse the application or the circumstances of the case are of such a special nature that the application should be granted, authorise either unconditionally or subject to such conditions as the Attorney General should determine legal or financial assistance in respect of the person's appearance.
Ex gratia scheme
The Premier administers a scheme whereby Ministers and Public Officials (which does NOT include Local Government officials) may be granted assistance in respect of their appearances before the ICAC. The Premier is guided by the advice of the Attorney General.
To be eligible for assistance, the Minister or Public official's involvement in proceedings must relate to or arise from his or her official functions. The applicant must have a substantial and direct interest in the subject matter of the hearing and the fact a witness is granted leave to be legally represented before the ICAC will be relevant in determining this question.
NSW Crime Commission - Assistance for witness
Section 15(1) of the NSW Crime Commission Act 1985 states that a witness who is appearing before the Commission may apply to the Attorney General for the provision of assistance under this section in respect of the witness's appearance. Section 15(2) provides that a person who proposes to make an application to the Supreme Court under section 19(2) of the Act for an order or review in respect of a decision of the NSW Crime Commission may also apply for assistance.
The Attorney General may authorise financial assistance or legal assistance out of money granted by Parliament, with or without conditions, if it is believed that a person would suffer substantial hardship or the case has special circumstances.