Many businesses operate under some sort of oversight from a government regulator, usually through a licensing regime. The relevant legislation will provide for the means by which the government regulator can conduct investigations. An important tool in an investigator’s toolkit is the power to issue a notice requiring a person (a licensee, employee or even a third party) to attend an interview. This is a step usually taken by an investigator when they have sufficient concerns about the conduct of the business and need particular questions answered to determine if there has been a breach of the Act and whether just a caution is warranted, or whether a penalty should be issued, either by way of a fine or a prosecution before a Court. The relevant legislation and notice will prescribe whether attendance at the interview can be voluntary or mandatory. The Act will also provide for a monetary penalty (or sometimes worse) for non-compliance and whether there are any exceptions to the need to comply, such as whether there is a right not to answer questions on the grounds the answer may tend to incriminate the interviewee.
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