The frustrated head of the Lawyer X royal commission has demanded to know why Nicola Gobbo has refused to turn up to the inquiry to give evidence, but has given a "lengthy interview to nationwide media".

Key points: Ms Gobbo, also known as Informer 3838 and Lawyer X, has been ordered to give evidence to the inquiry over the phone

Ms Gobbo, also known as Informer 3838 and Lawyer X, has been ordered to give evidence to the inquiry over the phone Commissioner Margaret McMurdo pressed Ms Gobbo's legal team on a statement requested months earlier

Commissioner Margaret McMurdo pressed Ms Gobbo's legal team on a statement requested months earlier Ms Gobbo's lawyer Rishi Nathwani said he was unaware Ms Gobbo had flown to a secret location to speak to 7.30

At the start of the inquiry today, Commissioner Margaret McMurdo asked Ms Gobbo's lawyer why his client had spoken to the ABC's 7.30 program at the same time he was arguing she was too unwell to face questioning.

Lawyer Rishi Nathwani told the commission he was "unequivocally" unaware that Ms Gobbo had given the interview which aired on Tuesday night.

The exclusive interview with 7.30 was the first the barrister-turned-informant had given since her role with Victoria Police was made public.

The lawyer's role as a police informer — while she represented notorious gangland figures — sparked the Royal Commission into the Management of Police Informants.

Ms Gobbo, who has been in a secret overseas location with her two young children, had attempted to be excused from interrogation before the commission due to her health.

She has now been ordered to give evidence in January next year.

Ms McMurdo also asked Mr Nathwani for Ms Gobbo's statement, which was requested when the inquiry began at the start of the year, given Ms Gobbo had spoken about it in the media interview.

COMMISSIONER: The appearances are as they were yesterday. Before we recommence, there are a couple of matters, Mr Collinson, Mr Nathwani, I want to raise, arising out of the 7.30 program with Nicola Gobbo last night. The first is when can the commission expect to receive this statement for the royal commission that she spoke of in the interview? MR NATHWANI: I can't give you a definitive answer as far as that's concerned. All I can say is we are in the process of obtaining some instructions and we will report back once they're received. COMMISSIONER: Well I expect a better answer than that tomorrow morning, thank you. And the next matter is, it was clear from the interview that this interview was recorded last week. Now you made submissions last week about her providing reasonable excuse to the commission for her non-attendance. I would like to know why the commission was not informed that at or about that very time she was flying to an international destination and giving a lengthy interview to nationwide media and that was not disclosed to the commission when I was being told, instead the commission was being told that she was too unwell to give evidence. MR NATHWANI: At the time I made the submission before you last week, I hope you accept, having me appear before you, and Mr Collinson for the last 10 months, that you were not misled at all. It was not within my knowledge at all. And as to the dates, or otherwise, you say it's obvious it was last week, I don't accept — I can't tell you when it was recorded, all I can say it was recorded as the program suggests, prior to the submissions made to you. I can't help you beyond that. COMMISSIONER: So you tell me you weren't aware of that. MR NATHWANI: Unequivocally. COMMISSIONER: That's something you will need to discuss with your client. MR NATHWANI: Yes. COMMISSIONER: Thank you for that Mr Nathwani. I'll expect a report tomorrow morning and when the statement will be provided to the commission.

Ms Gobbo told 7.30 that life since her informer status was revealed had become "an unbelievable nightmare that there is no end to". ( ABC News: Greg Nelson )

Ms Gobbo told 7.30 it would take her at least "1,000 hours" to provide a statement to the commission and said she was only able to do the TV interview because the reporters understood "it was something that could only be done for a couple of hours … because of issues to do with my children".

The commission had told Ms Gobbo's lawyers it was willing to take evidence over the phone and in short bursts.

In the 7.30 interview, Ms Gobbo said she did not trust Victoria Police enough to enter witness protection and claimed the force had threatened to take her children away if she returned to Australia.

Before giving evidence to the commission today, Chief Commissioner Graham Ashton told reporters "there is no threat from Victoria Police to her".

"We've been working hard to try and keep her safe for about 12 years so … and we'll continue to do that," he said.

Chief Commissioner Ashton, the former assistant director of the anti-corruption body the Office of Public Integrity (OPI), told yesterday's hearing he did not think to question Ms Gobbo's informer status when he found out about it because the "highest levels" of police were aware.

Kept quiet until media got hold of story

During his third day of questioning, Chief Commissioner Ashton was taken to task about his failure to immediately disclose to the courts that the use of Ms Gobbo had put drug matters at risk, including the conviction of drug boss Tony Mokbel.

By November 2011, police lawyers knew Mokbel's drug trafficking convictions and the infamous tomato tins ecstasy case were tainted because of Ms Gobbo's use.

Chief Commissioner Ashton agreed that in the "ordinary course of events" prosecutors would have been told.

But the inquiry heard the Commonwealth prosecutors were kept in the dark and the trials went ahead.

Asked by counsel assisting, Chris Winneke QC, if he had thought to "pick up the phone", Chief Commissioner Ashton said he had discharged his duties by telling his bosses and had been assured by the force's director of legal services, Finn McRae, that prosecutors had been told.

Chief Commissioner Ashton said an internal review was launched shortly afterwards looking at "the gigantic sort of mess" surrounding Ms Gobbo.

But the inquiry heard police kept quiet about the legal risks for another three years, until the Herald Sun newspaper uncovered the scandal in 2014.

It was put to Chief Commissioner Ashton that it was only media attention that forced police to make the necessary disclosures to the legal fraternity.

The police chief said it was not his job so he could not answer, but he rejected the suggestion he had tried to "dampen things down".

Read the royal commission's response to 7.30's questions:

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