Investigation Fundamentals in the Public Sector

This course is designed to provide the participants with the fundamentals of how to conduct and/or oversee the conduct of investigations in a manner which ensures natural justice and provides reliable findings. Allegations of workplace misconduct, particularly when they involve sexual harassment, discrimination or bullying behaviours are complex.  The circumstances around such alleged conduct is rarely straight forward and determining fact from assumption or interpretation is difficult.   Therefore, investigations into such allegations need to be conducted confidently, competently and compassionately to determine if the allegations are substantiated or not.

The principles of impartiality and natural justice permeate the course to ensure that the participants are cognisant at all times of their legal and ethical obligations in undertaking or managing investigations. Further, the nuances of conducting investigations within the public sector policy framework are addressed.

• Assessment of the complaint
• To suspend or not suspend?
• The role of the investigator
• Terms of reference
• Natural justice – what is it and how does it work in practice
• Preparation necessary to conduct an investigation
• Evidence collection, including statements
• Allegations – the who, what, when and why
• Objective assessment of evidence on the balance of probabilities

At the end of this course, participants will be able to:

• Determine if an investigation should be conducted
• Determine if it is appropriate to suspend an employee/s involved and what section of the Public Service Act to utilise
• Apply the principles of natural justice
• Identify, collect and secure evidence
• Understand how to conduct interviews
• Draft allegations
• Evaluate evidence against the balance of probabilities