What you get
With a long standing commitment to integrity, a deep understanding of how schools, faith-based organisations and not-for-profits work and the law that applies to them, and long experience working across a number of areas of law including employment law, our investigations provide:
- Trauma informed, professional approaches that align with your organisations values;
- Regulatory compliance by design - our investigations for alleged reportable conduct are designed to comply with the requirements for reportable conduct investigations under the Child Safe Organisations Act (Qld) 2024, Children's Guardian Act (NSW) 2019 and Child Wellbeing and Safety Act (Vic) 2005.
- An investigation report you and your legal team can rely upon that will clearly and accurately set out the process and standard of proof, the evidence considered, the limitations, the analysis of the evidence, and findings;
- A fair and impartial process that seeks to ensure all involved can participate effectively, meets best practice and regulatory requirements, provides procedural fairness, and lets you move forward – including suggesting any possible pathways to reconciliation and lasting peace where possible;
- A fixed fee proposal so you know exactly what you’ll have to pay, and milestone payments – no hourly rates!;
- Someone to actively and collaboratively work with other organisations such as Peacewise to outwork ongoing peace making activities if required at the conclusion of the investigation where appropriate.
What our process might look like:
It is critical that any investigation process appropriately considers the context, the people, and the legal aspects. This includes considering your policies and procedures, employment contracts and any other documents such as Enterprise Agreements. For investigations involving conduct under a reportable conduct scheme, it is also critical that they are compliant with the legislation (for example, in Queensland, with the Child Safe Organisations Act 2024)For that reason whilst we have a "usual" process, that may need to change to reflect legal and contractual obligations you might have. Ordinarily, the process includes:
- Initial briefing including us receiving from you of relevant documents (employment contracts, Enterprise Agreements, relevant policies, copies of complaints or filenotes of verbal complaints, and briefing from you (via phone, zoom or in person) as to the context, needs of the business, and possible evidence to be considered;
- Consideration of your legal obligations in respect of investigation and complaint processes, and providing advice about preservation of evidence;
- Investigation Planning including assessing context, possible risks and preparation of a written investigation plan that will comply with both best practice and regulatory requirements for reportable conduct investigations;
- Undertaking interviews with each witness;
- Writing up interview notes;
- Reviewing CCTV, emails, notes, other documentary evidence depending on the nature of the allegations;
- Formulating a list of allegations;
- Receiving and considering the response (if any) from the person who is being investigated;
- Follow up interviews that may be required arising from the response and further information;
- Delivery of proposed adverse findings (in reportable conduct matters) and consideration of any final submissions;
- Analysis of evidence and preparation of report; and
- Where appropriate, post investigation liaising with other entities providing assistance in addressing conflict if required.
What you pay
Employment Investigations need to be structured to comply with your Enterprise Agreement, employment contracts, policies and procedures, and our fee offering will depend on the requirements of your documents, number of witnesses and documentary evidence, and the complexity of the allegations and context. We have an initial meeting fixed fee offering of $500 which includes reviewing the employment contract, relevant complaints or other policies, and a briefing meeting with you. During this meeting, we will hear from you about your needs, and provide initial observations about the process, reporting requirements (if any) and preservation of evidence. We will then provide you with a fixed fee proposal for your consideration.