7. Investigating and responding to reports

A PCBU’s internal WHS investigation should focus on protecting workers and others from harm by identifying whether there is a risk of sexual or gender-based harassment that has not been controlled so far as is reasonably practicable, or there are more effective and reliable control measures available. A WHS investigation does not require a formal complaint.

While a WHS investigation focuses on the risks and control measures, it may need to address the behaviour of individuals, such as whether they have followed health and safety policies that have been communicated to them.

An investigation may itself introduce WHS risks – these risks must be eliminated or minimised so far as is reasonably practicable. This can be done by:

\- ensuring the investigation is fair, transparent and timely
\- ensuring the investigation is impartial, considers accessibility and takes a non-biased and culturally sensitive approach, especially in environments with a lack of diversity, including in management and leadership
\- ensuring decision makers are appropriately trained, unbiased and accountable where they have discretion over reporting and systems
\- ensuring due process for both those who raised the issue and any workers who have had allegations made about them
\- taking a trauma informed approach (see section 7.3)
\- ensuring workers have access to support
\- maintaining appropriate privacy and confidentiality of all workers involved, and
\- ensuring appropriate information about the outcome of any investigation is provided to the individual who reported experiencing the harassment.

A WHS investigation may occur in parallel with other investigations such as an investigation into whether there has been a breach of employment codes of conduct, professional standards or other legal frameworks.