In general, the key steps of the investigation process for both workplace investigations and reportable conduct investigations are:

• We have a discussion with you (or the person in your organisation who is giving us instructions) to obtain relevant background information (for example, names of potential witnesses). We also review relevant background documentation (for example, letter of complaint, incident report).
• We contact the complainant (the person who made the complaint) to explain the investigation process and confirm a time for interview. We interview the complainant and review any documentation they provide.
• We contact the respondent (the person being investigated) to explain the investigation process.
• We contact any witnesses to explain their role and confirm a time for interview. We interview witnesses and review any documentation they provide.
• We gather additional evidence (for example, photographs of the incident site).
• We draft allegations based on the evidence obtained during the investigation. If your organisation has already prepared allegations, we may add additional details or particulars.
• We send the respondent a letter informing them of the particularised allegations and confirming the investigation process and interview time. We interview the respondent and review any documentation they provide.
• We may interview additional witnesses or gather additional evidence. If new and relevant evidence arises, the respondent will be given an opportunity to respond to such evidence.
• We analyse the evidence and make findings of fact and any other relevant findings (for example, findings in relation to reportable conduct or workplace bullying). We prepare an investigation report for the decision-maker in your organisation that contains the evidence, analysis and findings.
• We keep you updated at every stage.

We understand that investigations can be difficult for all parties and we endeavour to handle matters with sensitivity and give participants an opportunity to ‘tell their story’.

We put in place a range of measures to ensure the investigation is fair, including:

• We only investigate matters where we are independent and unbiased (for example we will not investigate a matter where we have previously advised on disciplinary action in relation to the person under investigation).
• We ensure the person under investigation is given a fair opportunity to respond to each allegation.
• All participants have the opportunity to have a support person with them during interview.
• Our findings are based on evidence gathered during the investigation including witness interviews and documentary evidence (and not on speculation or suspicion).

We require all participants in an investigation, including the complaint (the person who has made the complaint), the respondent (the person under investigation) and witnesses, to maintain confidentiality in relation to the allegations and what is said during the investigation. This is important not only for the privacy and wellbeing of those involved, but also to protect the integrity of the evidence gathered during the investigation process (for example, so that a witness’ recollection is not influenced by discussions with other witnesses about what happened). 

The evidence gathered during the investigation forms part of the investigation report that is provided to the decision-maker/s in the organisation. Organisations are advised to share such information on a ‘needs to know’ basis only.  

We use a trauma-informed approach when conducting interviews and follow best practice when interviewing children and young people.

Interviews are generally conducted in person or via video conferencing. In some cases, interviews may be conducted over the phone. How an interview is conducted will depend on the circumstances, including health and safety (for example COVID-19 safety measures), practical considerations and the nature/extent of the evidence to be provided.

Regardless of the form that the interview takes, we ensure that the person under investigation has a fair opportunity to respond to the allegations.

How long an investigation takes depends on factors such as:

• the nature of the allegations
• the number of allegations
• the number of witnesses, witness availability and witness cooperation
• whether the matter needs to be referred to police before commencing the investigation.

While we can provide an estimated timeframe for your specific circumstances, in general, allow a minimum of 6-8 weeks from confirming instructions to provision of the investigation report. It is important that the person under investigation is given a fair opportunity to respond to the allegations and that investigators have time to gather and analyse all the relevant evidence. This ensures that the investigation meets the requirements of procedural fairness, is legally defensible and gives your organisation confidence in its decision-making.

The cost of an investigation varies and depends on a number of factors including:

• the nature and complexity of the allegations
• the number of allegations
• the number of relevant witnesses
• the period of time to which the allegations relate.

We are happy to have a no-obligation discussion with you and provide you with a costs estimate based on your specific situation.