Application
This unit describes the skills required to conduct investigations into a range of workplace contexts specifically relating to work health and safety (WHS), workers compensation, injury management and/or workplace relations legislation. It includes conducting an initial assessment of the situation, examining the available evidence, identifying potential witnesses, recording initial statements, assessing investigation material and information gathered, conducting formal interviews, and completing an investigation report.
This unit applies to those working as investigators conducting workplace investigations into possible breaches of a range of workplace legislation, which may arise as a result of complaints, incidents or targeted campaigns.
The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.
Those undertaking this unit would work independently performing complex tasks in a range of familiar contexts.
No licensing, legislative or certification requirements apply to unit at the time of publication.
Elements and Performance Criteria
ELEMENTS | PERFORMANCE CRITERIA |
Elements describe the essential outcomes | Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section. |
1. Conduct initial assessment of situation | 1.1 Identify type of investigation or situation. 1.2 Assess situations with regard to personal safety and the safety of others, and put safeguards in place. 1.3 Contact persons involved. 1.4 Establish and maintain integrity of situation. |
2. Initiate and conduct investigations | 2.1 Issue instructions to persons involved. 2.2 Identify and access resources required before conducting the investigation. |
3. Examine the situation | 3.1 Record details of the situation and all those involved in possible breach. 3.2 Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence. 3.3 Document the reasons and justification if no breach has occurred or no action is to be taken. 3.4 Recommend appropriate action if breach is confirmed, within the officer’s discretion. 3.5 Maintain record of evidence. |
4. Identify potential witnesses and record initial statements | 4.1 Identify potential witnesses and record their details. 4.2 Take statements. |
5. Assess investigation material and gathered information | 5.1 Review information and evidence gathered against legislation and other relevant material. 5.2 Evaluate information and evidence relevance and strength of proof. 5.3 Identify, prioritise and schedule further proofs for action. 5.4 Obtain further evidence when required. |
6. Conduct formal interviews | 6.1 Conduct interview. 6.2 Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview. 6.3 Complete a record of the interview. |
7. Complete investigation report | 7.1 Compile report. 7.2 Forward report to appropriate personnel for review and action. 7.3 Gather and compile additional information and evidence identified in report. 7.4 Forward final report through appropriate channels for processing. |
Evidence of Performance
Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.
undertaking legal research
evaluating information in investigating breaches
applying principles of natural justice and procedural fairness
applying legislative requirements and organisational policies and procedures in all investigations
applying risk management principles to investigative procedures, including personal safety
negotiating
dealing with conflicting information
dealing with conflict
interviewing and questioning
ensuring due consideration of information and evidence
planning and organising skills to ensure the coordinated and thorough investigation of possible breaches of workplace legislation
decision-making to reflect deliberation of the evidence and the risk assessment
undertaking comprehensive planning of investigative responses
conducting detailed examination of potential or reported breaches
preparing resources required to conduct investigations
carrying out diverse information-gathering activities to substantiate recommendations
Evidence of Knowledge
Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.
federal and state workplace legislative framework applying to workplace inspections, including legislation relating to work health and safety and workplace relations
risk management principles relating to personal and workplace safety
common law principles applying to inspection of workplaces
powers of workplace inspectors under jurisdictional legislation
functions and roles of other professionals and experts who may be called in to advise on possible breaches or to act as witnesses
organisational investigation procedures
rules of evidence and evidence management
Assessment Conditions
This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.
Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Foundation Skills
Foundation skills are embedded within the elements and performance criteria of this unit.
Competency Field
Workplace inspection