Investigations
Procedural fairness, the Briginshaw standard, and statutory requirements for conducting reportable conduct investigations.
Core Principles
Procedural Fairness
Also known as natural justice. Requires that an employee is clearly informed of the allegations against them, provided a reasonable opportunity to respond, and that the decision-maker is free from bias. Regulators actively review investigation files to ensure these steps were strictly followed.
The Briginshaw Standard
The civil standard of proof ("balance of probabilities") applied with a degree of satisfaction proportionate to the seriousness of the allegation. Because reportable conduct allegations are highly serious and carry severe career implications, the evidence must be correspondingly cogent and strict.
Jurisdictional Investigation Rules
Queensland
QLDQFCC does not recommend or certify external investigators. Internal employees are exempt under the Security Providers Act 1993, but external contractors hired to investigate misconduct must hold a QLD Private Investigator Licence.
New South Wales
NSWUnder the Security Industry Act 1997 (NSW), any external consultant conducting fact-finding interviews or assessing witness credibility for commercial gain must hold a Class 2E (Private Investigator) Licence. Internal HR or safeguarding employees are exempt while acting within their employment scope.
Victoria
VICUnder Victorian law, independent workplace investigators must be licensed as Private Agents. The SSR actively reviews whether internal or external investigators followed lawful, fair, and child-safe processes, heavily emphasising procedural fairness (natural justice).
Western Australia
WAWA enforces strict licensing laws for external commercial investigators. If an organisation outsources a reportable conduct investigation, the contractor must be licensed under the Security and Related Activities (Control) Act 1996.
Australian Capital Territory
ACTExternal providers must comply with local commercial investigation licensing requirements. The ACT Ombudsman regularly samples and audits completed investigation files to ensure the civil standard of proof (Briginshaw principle) was correctly applied.
Tasmania
TASExternal investigators require appropriate registration/licensing in Tasmania. The OIR focuses heavily on whether the investigator utilised trauma-informed protocols if children were interviewed.
South Australia
SANo reportable conduct investigation obligation. Mandatory notifiers must report suspected harm to the Child Abuse Report Line; employment and conduct matters are handled under standard workplace and screening processes.
Northern Territory
NTNo reportable conduct investigation obligation. Suspected harm must be reported to Territory Families or police; conduct matters are managed under standard employment and screening processes.
Book an Investigation
Engage an independent, trauma-informed investigator for a reportable conduct matter. Tell us where you are, when you need us, and attach an investigation briefing document if you have one prepared.
Internal vs External
Internal Investigators: Generally exempt from state Private Investigator licensing requirements when conducting inquiries strictly within the scope of their employment (e.g., HR or internal safeguarding leads).
External Investigators: External consultants hired for commercial gain to establish facts or interview witnesses often must hold specific state licenses (such as a Private Investigator or Commercial Agent license). Engaging an unlicensed investigator can compromise the validity of the investigation and attract regulatory penalties.