Investigation

The statement should include facts from your direct knowledge of the events and circumstances. Statements that are long and emotive are generally not helpful. The account should always be focused on the specific events, including details of what you witnessed (heard and/or saw) leading up to, during, and after the workplace incident(s).

Documents are persuasive evidence. These include diary notes, minutes of meetings, work performance records, position descriptions, timetables and relevant policies and procedures.

An undertaking of confidentiality cannot be given. Your identity will only be disclosed to other witnesses to the extent necessary for procedural fairness.

Procedural fairness requires that each party is aware of the substance of the case against them (including the case of the other party if there are multiple subjects of complaint) and that person is given an opportunity to present an explanation for what has occurred.

It is a reasonable lawful workplace direction for an employer to ask an employee participate in this process. A reasonable excuse not to answer a question if the answer would disclose information which could lead to you being charged with an offence under civil or criminal law. This is known as the rule against self-incrimination. A statement or disclosure may be admissible as evidence in civil or criminal proceedings in any Federal, State or Territory court.

There is a level of confidentiality and sensitivity around these matters. The organisation that is paying for the report will nominate their point of contact.  Those who are interviewed will not  receive a copy of the report.

The information you provide to the investigator may lead to further interviews being conducted. It is extremely important that the person interviewed does not discuss your version of events or the process with anyone else.

Recording an interview has two significant advantages. Firstly, it saves a great deal of time because the investigator does not have to write everything down. Secondly, it provides an accurate account of what was said. After the interview, a written summary (a précis) of relevant aspects is prepared from the audio recording and included in the investigation report.

The following is a summary of how the process is conducted: Meet with the investigator at the prearranged time and neutral location The interviewer will read out some formalities about the investigation process including information about the nature of the process and the authority of the interviewer to conduct it The interviewee will be asked about their work history (if relevant) and then provide a version of events and any relevant information about the issues which have been raised The person being interviewed can request a break and consulted about what should be achieved At the end of the process the [...]

People who are to be interviewed are invited to bring a support person to the interview; someone they trust and feel comfortable with. Some guidelines are that: a support person is not an advocate and cannot answer questions on behalf of the person being interviewed a support person cannot be a potential witness typical support people are those who are a trusted work colleague or a union delegate.