Corruption Matters - June 2022 | Issue 59
How to conduct an internal investigation
The ICAC’s good practice guide for the conduct of internal disciplinary investigations for the public sector is now available. Factfinder details the core features of a quality investigation and provides advice on the central objective of determining the truth and ensuring that all affected persons are treated fairly.
From time-to-time, all public sector agencies are required to address potential wrongdoing. Being able to conduct an effective internal investigation is essential for successfully managing these situations. A well conducted internal investigation helps ensure that workplace wrongdoing is substantiated and dealt with appropriately. It can also ensure that those who have been wrongly accused have their circumstances clarified and the suspicion removed.
The ICAC identified Factfinder as a priority project. Due to the increase in the number of complex investigations it is asked to accept, and its own resource limitations, the ICAC realises that there is pressure on agencies to complete more challenging investigations internally.
But other than its 2012 predecessor and the now-obsolete 2013 Public Sector Commission Personnel Handbook, there is no sector-wide guidance for NSW government agencies that sets out contemporary investigative practice and minimum standards in carrying out a workplace investigation.
Factfinder is a culmination of feedback from key agencies and the expertise of multidisciplinary staff from across the ICAC. It features:
- key principles that should be observed throughout any internal investigation
- the factors that an agency should consider when deciding whether to commence an investigation
- suggestions on how to plan an investigation
- guidance on how to gather and handle evidence
- advice on evidential analysis, the making of factual findings and preparation of an investigation report
- steps taken post-investigation that reflect the ICAC’s views on the use of non-disclosure agreements and dealing with systemic workplace issues.
Factfinder is available from the Commission’s website. To request a hardcopy, contact advice@icac.nsw.gov.au.
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