Investigator Qualifications
Establishing the benchmark for an "appropriately qualified person" under the Reportable Conduct Scheme.
Under Reportable Conduct Scheme legislation across jurisdictions, investigations must be carried out by an "appropriately qualified person." This remains a principle-based benchmark rather than a single certification.
An appropriately qualified investigator requires a blend of trauma-informed practice, deep understanding of child safety standards, and strict adherence to administrative law (procedural fairness and the Briginshaw standard).
Core Knowledge Matrix
| Feature / Capability | Internal Investigator (HR / Safeguarding) | External Independent Investigator |
|---|---|---|
| State Private Investigator Licence Needed? | No (exempt as a direct employee in all states) | Yes (must hold a valid state-based PI licence under commercial security acts) |
| Industry Benchmark Qualification | None explicitly written in law, but regulators require an "appropriately qualified person" | Certificate IV in Government Investigations + certified trauma-informed interviewing experience |
| Legal Evidentiary Standard Required | Balance of Probabilities, guided by the Briginshaw Standard (higher degree of satisfaction for serious allegations) | Balance of Probabilities, guided by the Briginshaw Standard |
| Key Risk | Lack of independence or structural bias, resulting in the regulator rejecting the final report | Breaching state security laws if operating commercially without a licence |