Witnesses at Royal Commission hearings

The Royal Commission on Antisemitism and Social Cohesion is holding public hearings to gather evidence, including about the nature and prevalence of antisemitism in institutions and society, and key drivers of antisemitism in Australia. The Commission will hold hearings on different topics. Hearing dates will be announced progressively.

Public hearings are formal proceedings in which witnesses give evidence, under oath or affirmation, about events and issues that are relevant to the Royal Commission’s terms of reference.

Most public hearings are recorded and streamed live on the Royal Commission’s website. In some circumstances hearings (or parts of hearings) will need to be conducted in private.

The Royal Commission is unable to hear from every person who would like to participate in a public hearing. While public hearings serve an important role in highlighting and exploring specific issues into which the Royal Commission is inquiring, they are not the only way to contribute to the Royal Commission’s work. Submissions are also an essential source of information for the Royal Commission.

If you are giving evidence at a public hearing, the Royal Commission will give you information and support before, during and after the hearing. We can give you advice and information on:

  • where the hearing is being held
  • how the Royal Commission runs its hearings
  • your obligations as a witness and what is expected of you
  • the public nature of hearings and the role of the media
  • any special arrangements for a hearing
  • the hearing room and protocols
  • witness entitlements and financial support.

We can also refer you to:

  • free independent legal advice for people engaging with the Royal Commission
  • the Legal Financial Assistance Scheme, which may enable you to use your own lawyer, with financial assistance from the Australian Government
  • counselling and other support options, both on the day of the hearing and at other times.

Witness information

Many different types of people are asked to give evidence at a public hearing, including people with lived experience of antisemitism and people with certain expertise.

Witnesses are selected by Counsel Assisting and the Solicitors Assisting the Royal Commission. Witnesses are selected based on various considerations, a key one being the relevance of their evidence to the issues being explored at a particular hearing, including having regard to the evidence to be given on a topic by other witnesses.

Ordinarily, each witness at a public hearing will prepare, with the assistance of the Royal Commission, a witness statement prior to giving their evidence to the Royal Commission at a public hearing.

If you are asked to give evidence at a public hearing, the Royal Commission will support you to provide your statement and give evidence in the way that best suits you. Please tell us if you need support to prepare your statement.

Generally, if you have been asked to appear as a witness, you will be able to access legal assistance and/or representation, as outlined in more detail below.

If you are legally represented, the Royal Commission through the Solicitors and Counsel Assisting may still assist you to prepare your witness statement. Alternatively, the Solicitors Assisting will provide you and your legal representative with an outline of the topics that you should deal with in your witness statement

However, if you have any difficulties following the outline or discussing those topics, please contact or ask your legal representative to contact the Royal Commission. If you wish to include information in your witness statement that is not covered in the outline provided by the Solicitors Assisting, you or your legal representative should contact the Royal Commission.

You should provide your witness statement (in written or other form) by the time and date requested by the Royal Commission, unless you have agreed with the Solicitors Assisting to provide it on a different date. If you are unable to meet the specified time and date, please contact us by email to ascrc.solicitorsassisting@royalcommission.gov.au.

The Royal Commission will serve you with a notice to produce your witness statement. This is so that the evidence that is contained in your statement is subject to legal protections that apply to witnesses who give evidence before the Royal Commission.

If you need help providing your statement (and any documents), please contact the Royal Commission by email to ascrc.solicitorsassisting@royalcommission.gov.au.

If you are required to give evidence at a hearing, you will be given a ‘Summons to Appear before the Commission’. The Solicitors Assisting will let you know as early as possible when (date and time) you will be required to give evidence.

If you are unavailable to give evidence on a particular date, please tell the Solicitors Assisting as early as possible.

If you are required to give evidence at a public hearing, the Royal Commission will, as far as possible, support you to give evidence in the way that best suits you. Please tell us if you need support to give your evidence.

Unless the Royal Commission makes a contrary direction, your witness statement will be published on the website of the Royal Commission after your evidence is given. Your oral evidence will be live streamed, transcribed, and published.

If you do not want your evidence published, please tell us as soon as possible. The Royal Commission has the power to direct in appropriate circumstances that any evidence given not be published.

While Solicitors and Counsel Assisting the Royal Commission may assist you with preparation of your witness statement, they cannot provide you with personalised legal advice or represent you during a public hearing.

Legal advice

Free, independent legal advice and information is available to people interested in interacting with the Royal Commission. This service can help with information and advice regarding:

  • the Royal Commission’s powers, procedures and guidelines
  • advice on related legal issues such as confidentiality agreements
  • the legal financial assistance scheme that may be available to you.

National Legal Aid (NLA) and the Jewish Centre for Law and Justice (JCLJ) have both established legal advice services to support individuals to engage with the Royal Commission. Both services are available to provide free legal information, help and advice.

To contact National Legal Aid on please call 1800 976 198 or send an email to rcasclegalhelp@nationallegalaid.org.au. In your email, include your suburb or postcode and the state or territory in which you live.

To contact JCLJ please visit their website.

Legal representation

The Australian Government is funding legal financial assistance to assist with meeting the costs of legal representation and disbursements associated with engaging with the Royal Commission as a witness or potential witness. Further details are available on the Legal assistance – Royal Commission on Antisemitism and Social Cohesion page.

Legal financial assistance may be provided for reasonable legal representation and disbursement costs resulting from:

  • being called as a witness at a public hearing of the Royal Commission, or
  • being requested to attend, or attending an interview of the Royal Commission, or
  • complying with a notice to give information or a statement in writing that will be used as evidence in the Royal Commission.

Such assistance may allow witnesses to have their own lawyer provide advice, assistance and representation while witnesses give their evidence.

In addition to the legal and counselling support, the Royal Commission will also provide financial assistance to cover expenditure associated with appearing as a witness in a public hearing, consistent with the Royal Commissions Regulations 2019 (Cth).

Expert reports will usually be obtained and tendered by Counsel Assisting.

An expert report will ordinarily:

  • be attached or exhibited to a witness statement; and
  • be prepared in a manner consistent with the Harmonised Expert Witness Code of Conduct (Annexure A of the Expert Evidence Practice Note (GPN-EXPT)) of the Federal Court of Australia.

The Royal Commission can provide you with support to assist you to appear as a witness. This may include access to a psychologist or counsellor. Links to external support services are available on our Support page.

If you are called as a witness and would like a support person to be present or require a form of adjustment, please notify the Royal Commission as early as possible.