When should an external investigator be considered?
Consider external support where allegations involve senior employees, internal conflicts exist, the matter is particularly sensitive or complex, or your organisation lacks the capacity to conduct a fair investigation.
How are participants supported?
The process should be explained clearly, with respectful questioning and appropriate consideration of breaks, scheduling and support persons. Support needs can differ between complainants, respondents and witnesses. Providing support does not determine whether an allegation is substantiated.
Can the investigation remain completely confidential?
Information should be handled carefully and shared only as appropriate for the process and applicable obligations. Absolute secrecy cannot be promised: procedural fairness may require relevant allegations or information to be put to the respondent. Read our guide to investigation confidentiality.
Does an investigation fulfil the positive duty?
An investigation is one part of an organisation’s response. The positive duty under the Sex Discrimination Act requires reasonable and proportionate measures to eliminate specified unlawful conduct, including sexual harassment, as far as possible. Prevention and risk management need separate attention. See the Australian Human Rights Commission’s positive duty guidelines (PDF).
How long will the investigation take?
Timeframes depend on the allegations, evidence, participant availability and complexity. At the outset, discuss the proposed scope, expected timing and how progress updates will be provided. Any material change in scope should be addressed as the matter develops.
Who decides what happens after the findings?
The investigator establishes facts and reports findings within the agreed scope. The organisation determines subsequent employment or management action with its HR or legal advisers. Any separate reporting obligations or possible criminal conduct require appropriate advice.
