Crime is on the agenda for the newly elected CLP government. There have been many articles on the problems confronting the courts as a result of the policy shift and, of course, the funding issues that continue to plague the organisations that help the most vulnerable.

But I’m not about to make this piece political. Likewise, I’m not about to make this personal by suggesting you will commit an offence. Rather, if my recent experience tells me how authorities are behaving in the NT, it’s much more likely for an individual or business to be the subject of an unexpected criminal investigation, or be required to defend a criminal matter, such that it’s much more beneficial for this piece to be practical.

Crime doesn’t pay (maybe). But it does pay to protect yourself if you hit a bump in the road. It can come in a myriad of unexpected ways. Without thinking twice, you may find yourself in the criminal or investigatory space – be it a workplace incident scrutinised by WorkSafe, an ICAC investigation summonsing you to an examination, or the execution of a search warrant over premises by coercive oversight bodies. Don’t forget, the National Anti-Corruption Commission is yet to really cut their teeth on matters
of significance … I say “yet”.

I have written before about the intrusion on our daily lives by such organisations, both personal and professional. For example, WorkSafe investigations for mere accidents, although regulatory, can result in criminal prosecution and sanction. That can have far-reaching consequences for your bottom line with significant financial penalties, and your reputation from the open justice principle should you find yourself defending a prosecution in court.

And if any of the above authorities come knocking on your proverbial door, it’s risky business to just go with the flow. Answering a question here, producing a document there, and handing over information willy-nilly, as it were – the kind of nonchalant charisma on display in Tom Cruise’s pant-less dance to old time rock ‘n’ roll in the film Risky Business – can often lead to irreversible damage.

Early intervention is key. By early, I mean straight away. Issues of legal professional privilege can arise that may prohibit access by authorities to certain documents. Handing over a document cannot just be handed back.

A client making what seems an innocuous statement, or trying to be helpful by proffering comment, runs the risk of making what they call statements of “admissions against interest”, which are often intractable, and can later be used against you.

Sure, relevant authorities can often obtain that material under the hand of a warrant or other legislative power, but the bold, brave and creative lawyer can be on standby to protect your rights and interests, and in turn your reputation, by holding those who wield wide powers to account, and advising you each step of the way.

I also literally mean “standby” – if a warrant is sought to be executed over premises it is not unusual for a lawyer to attend with their client for the duration of its execution. You are also entitled to have a lawyer present during any examination or investigation interview. I am a firm believer of “nothing is ever off the record” – and so, in my practice, as an example, it’s not unusual that I take a call at any hour or on any day to deal with these precise matters for all sorts of clients.

Something to always bear in mind is that no person the subject of an allegation has any duty to prove anything. Do not fall into the easy trap, as so many often do, of speaking when you need not, or providing information before seeking advice.

Sometimes it’s a lawyer’s job, if not duty, to cop the bloody nose for their clients from time to time if an investigator or relevant authority becomes a bit snarky because you exercise a right – it is the only way to truly protect the rights of you personally, or your business, and your reputation. However, at the end of the day, the sort of steps I mention above do require legal advice, because it’s always a case by case approach.

There is then the role the media plays in your reputation, especially if you or your business is charged with any sort of offence (regulatory or otherwise). This is often overlooked by lawyers as a key part of advice to clients, more so in how you might manage that situation to preserve, as best as possible, your rights and reputation, and the administration of justice.

So yeah, crime doesn’t pay, but neither does it discriminate. There are a number of very active authorities in the NT, and unfortunately, you could find yourself immersed with them and the criminal justice system simply by happenstance.

Protecting your interests and reputation is crucial.

Luke Officer is a partner at Tindall Gask Bentley Lawyers