Witness statements 110-11030050

Obtaining information from witnesses is to be conducted according to the Australian Government Investigations Standards (AGIS). When seeking a witness statement, investigators must explain the provision of information is voluntary (there are exceptions with Service Australia employees).

A statement needs to be obtained by all witnesses the Commonwealth Director of Public Prosecutions (CDPP) will rely on to prove the case. A witness statement has the following benefits:

• aids the CDPP in forming the most appropriate decision concerning criminal proceedings
• ensures CDPP disclosure obligations are met and defendants are informed of the prosecution case against them
• can assist the accused person's defence provide informative advice
• assists in focusing the investigator's mind on the relevant issues and materials
• demonstrates the evidence Services Australia and others are able to give
• provides a framework for the investigator and the prosecutor to work within
• provides details of what evidence will be led during court procedures

Witnesses should be identified and prioritised during investigation planning. Witnesses should be interviewed as soon as is appropriate to ensure the best recall of events.

Witnesses can include:

• the investigator (an investigator witness statement must be provided with the brief of evidence)
• another Services Australia employee who has direct evidence or other system information
• third parties for example financial institutions, employers, neighbours, relatives, surveillance operatives
• the customer or their partner (not considered as witness statements but can be used as evidence)
• an expert person

The correct template to use depends on the jurisdiction where the court proceedings will occur.

Before taking or drafting a witness statement, time should be taken to plan how it will be structured. It should be written in the language of the witness. Include proofs of the offence, bearing in mind the rules of evidence.