Giving a Statement: The Truth Will Always Prevail

Key Takeouts:

• False evidence can have serious consequences: Knowingly providing false information in workplace investigations, court proceedings, or regulatory matters can lead to criminal and civil consequences.

• Encouraging someone else to lie can also be an offence: Pressuring, coaching, or persuading another person to provide false evidence may expose you to criminal liability

• Falsifying workplace records can create significant legal risks: Altering timesheets, incident reports, safety records or other documents may reach workplace, WHS and criminal laws

• Employees do not have to participate in dishonesty: Workers who are pressured to provide false information should document what occurred and consider obtaining independent legal advice

 

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False statements can have serious legal consequences, particularly in the workplace where workplace investigations, disciplinary processes, workers compensation claims, Fair Work proceedings, and court matters rely on truthful evidence. Whether an employee, manager or employer is asked to exaggerate events, omit key facts or deliberately mislead investigators, the risks extend well beyond workplace discipline. In many circumstances, providing or encouraging false evidence can result in criminal charges, civil penalties and significant reputational damage.

The High Cost of Dishonesty in Workplace Matters

Workplace disputes often involve competing versions of events. Allegations of bullying, discrimination, harassment, unfair dismissal, workplace injuries and breaches of safety laws frequently depend on witness statements, statutory declarations, affidavits and oral evidence.

While it may seem tempting to “help” a colleague or protect a business by altering the facts, Australian law takes a very serious view of any attempt to interfere with the administration of justice. Employees and employers alike have legal obligations to provide truthful information during workplace investigations, court proceedings and regulatory inquiries.

A false statement can undermine an entire legal process and expose both the person making the statement and anyone encouraging them to do so to significant legal consequences.

 

What is Perjury?

Perjury occurs when a person knowingly makes a false statement under oath or affirmation during judicial proceedings about a matter that is relevant to those proceedings. This includes giving evidence in court or swearing an affidavit or statutory declaration that contains information the person knows is false.

Perjury is not simply getting the facts wrong or having a poor recollection. The offence requires an intention to deceive by knowingly providing false evidence.

In workplace litigation, this can arise in proceedings before courts dealing with employment disputes, workers compensation claims or civil litigation where sworn evidence is required. A person found guilty of perjury may face substantial criminal penalties, including imprisonment.

 

Subornation of Perjury: Encouraging Someone Else to Lie

Many people assume only the person giving false evidence is at risk. However, the law also targets those who encourage or persuade others to lie.

Subornation of perjury occurs where a person asks, pressures, persuades, or even bribes another person to intentionally give false evidence under oath. An employer who instructs an employee to provide a misleading affidavit, or a supervisor who coaches a witness to give evidence they know is untrue, may expose themselves to criminal liability even if they never personally give evidence.

This type of conduct strikes at the integrity of the justice system because it seeks to manipulate the outcome of legal proceedings through false testimony.

 

Perverting the Courses of Justice

Another serious criminal offence is attempting to pervert the course of justice.

This offense covers a broad range of conduct intended to interfere with legal processes. In the workplace context, examples may include:

• coaching witnesses to provide a false version of events;

• destroying or altering documents relevant to an investigation;

• intimidating employees to prevent them from telling the truth;

• encouraging workers to withhold important evidence;

• fabricating records after an incident has occurred.

Unlike perjury, these actions may occur before any court hearing takes place. The offence focuses on intentionally interfering with investigations or judicial processes.

For example, asking employees to alter safety records following a workplace injury, or directing staff to provide investigators with a fabricated explanation for an incident, may amount to attempting to pervert the course of justice.

 

Conspiracy and Fraud

Where two or more people agree to deliberately create or present a false story, additional criminal offences may arise.

Conspiracy occurs where individuals agree to commit an unlawful act together. If employers, managers or employees jointly develop a false account to deceive investigators, insurers, regulators or the courts, each participant may potentially face criminal liability.

Similarly, false statements designed to obtain financial benefits—such as workers compensation payments, insurance proceeds or government assistance—may constitute fraud.

The penalties for fraud vary depending on the circumstances but can include significant fines and lengthy terms of imprisonment.

 

False Statements During Workplace Investigations

Not every employment investigation involves criminal offences. However, employers are generally entitled to expect employees to act honestly during internal investigations.

Providing deliberately false information during an investigation into bullying, misconduct, theft, harassment or workplace safety may itself amount to serious misconduct.

For employees, this may justify disciplinary action, including termination of employment.

For employers, relying on fabricated evidence to dismiss an employee or defend legal proceedings may create additional legal exposure if the deception is later uncovered.

 

Falsifying Workplace Records

One of the most common workplace issues involves requests to alter business records.

Examples include:

• changing timesheets;

• falsifying payroll records;

• altering safety inspections;

• modifying incident reports;

• creating backdated documents;

• changing training records;

• manipulating financial information.

These actions may breach workplace legislation, work health and safety laws, corporations legislation and criminal fraud provisions.

In regulated industries, inaccurate records can also attract substantial penalties from government regulators.

 

Work Health and Safety Obligations

Under Australian work health and safety legislation, businesses have obligations to maintain accurate records relating to workplace incidents and risks.

Following a workplace injury or near miss, there can sometimes be pressure to minimise what occurred in order to avoid regulatory scrutiny or insurance consequences.

Altering incident reports, encouraging witnesses to provide misleading accounts or concealing hazards can significantly increase legal exposure if regulators later discover the conduct.

In serious cases, the original workplace incident may become secondary to allegations of deliberate concealment or obstruction.

 

Whistleblower and Employee Protections

Importantly, employees are generally protected if they refuse to provide false information.

Australian workplace laws and whistleblower protections recognise that workers should not be punished for acting honestly or reporting unlawful conduct.

If an employee is pressured to lie during an employment investigation, falsify records or provide misleading information to regulators, they should carefully document what occurred and seek independent legal advice.

Retaliation against employees who refuse to participate in unlawful conduct may itself breach workplace laws and expose employers to further claims.

 

Are There Any Defences?

One important issue is intent.

The prosecution generally needs to prove that the person knew the statement was false and deliberately intended to mislead the relevant authority. Honest mistakes, misunderstandings or genuine failures of memory are very different from intentionally fabricated evidence.

In some circumstances, a person may also argue they acted under duress if they made false statements because of immediate threats of serious harm. However, duress is a limited defence and will depend on the particular facts of each case.

 

Practical Tips for Employers and Employees

Whether you are an employer or an employee, honesty remains the safest course.

If you are involved in a workplace investigation or legal proceeding:

• Tell the truth, even if the facts are uncomfortable.

• Never ask another person to change or embellish their evidence.

• Keep original documents and avoid altering records.

• Obtain independent legal advice if you are unsure of your obligations.

• If you are pressured to provide false information, document the request and seek advice immediately.

• All statements given open the door to a subpoena been issued for you to give evidence.

 

Final thoughts

False statements are never a harmless shortcut. What may begin as an attempt to protect a colleague, preserve a business’s reputation or avoid liability can quickly escalate into allegations of perjury, fraud, conspiracy or attempting to pervert the course of justice.

In the workplace, integrity is not merely an ethical expectation, it is a legal obligation. Employers should foster a culture where employees feel safe to report concerns honestly, while workers should remember that no instruction from a manager excuses knowingly providing false evidence.

Ultimately, truthful reporting protects everyone involved. It ensures workplace investigations remain fair, legal proceedings are conducted properly, and organisations maintain the trust of employees, regulators and the courts.

If you are asked to give a statement, ensure that you are willing to give that evidence in Court under oath or affirmation. If you need support, contact our employment lawyers at Coutts Lawyers & Conveyancers.

 

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