Example investigation plan

This page includes descriptions of reportable conduct. Please reach out to support services if needed.

This page has an example investigation plan for organisations (including the use of a fictional scenario) to assist with investigating reportable conduct concerns. An investigation plan outlines your process and should be created before the investigation begins.

It will include detail about:

  • the investigation's purpose
  • the tasks required to carry out the investigation to the necessary standard
  • who will be responsible for these tasks, including whether or not the organisation will use an independent investigator and what their role will be (e.g. making or recommending findings)
  • relevant timeframes.

When developing an investigation plan, the investigator should keep in mind that the primary goal is to establish facts. To support the information gathering process, an investigation plan should:

  • clearly define the allegations, and
  • identify relevant sources of information and evidence (e.g. people who may have witnessed the alleged conduct, relevant records, CCTV).

Questions to ask when developing an investigation plan may include:

  • How will the child or young person involved in the reportable conduct concern be included and supported throughout the entirety of the investigation process?
  • How will any perceived or actual conflicts of interest be identified and managed?
  • What is the specific nature of the allegations, and what bearing does that have over how the investigation should proceed?
  • How long is the investigation likely to take to be completed?
  • What cultural sensitivities need to be accounted for in how the investigation runs, and what resources are necessary to address them?
  • What will be the involvement of relevant parties or agencies, such as the Independent Regulator and other regulatory bodies?

The scenario described in the below example is fictional and any similarities to persons living or dead, or actual events is purely coincidental.

Matter details

Subject of allegation

Ray Doe

Reference number
This will be provided once a report is submitted via the 3 day notification form

M1234

Organisation contact
This should be the leader of the organisation or their delegate

Gia Smith, Principal Leaf Independent School

Organisation address

1 Leaf Street, TAS 7000

Organisation phone

6511 1111

Organisation email

Leaf@leaf.school.com

Investigator (this might be a different person to the head of the organisation)

Gia Smith

Investigator phone

045555555

Investigator email

Gia.Smith@leaf.school.com

Overview

The subject of the allegation is Mr Ray Doe, a secondary teacher at Leaf Independent School Tas 7000. It is alleged that Mr Doe engaged in grooming and/or sexual misconduct against two children between 1 September 2023 and 18 November 2023. Both children, Kelly Brian ‘KB’ and Holly Grey ‘HG’, are sixteen and are both students of Mr Doe (note that both students should be referred to by their initials, where possible). The allegation was overheard by another teacher, Mo Chi. It is alleged over a period of about 6 weeks, Mr Doe sent a number of inappropriate messages to the two students on social media, and when both students asked him to stop, Mr Doe responded that he was ‘drunk’ and ‘didn’t mean it’. He then sent a number of abusive text messages to both students when they avoided Mr Doe at school. The alleged conduct falls within the definition of grooming and sexual misconduct in the Child and Youth Safe Organisations Act 2023. If substantiated, the conduct is also a breach of school policy including the Child Safe Code of Conduct and the Social Media Policy. The Independent Regulator, Registration to Work With Vulnerable People Registrar, Tasmania Police, and the Strong Families, Safe Kids Advice and Referral Line will be notified of the allegations against Mr Doe.

Purpose of investigation

This will primarily be to find facts in relation to an allegation of reportable conduct.

To establish whether, on the balance of probabilities, the subject of the allegation committed the conduct alleged, and therefore committed reportable conduct and a breach of school policy.

Findings will be made by Investigator, Gia Smith.

Decision-maker

This is the person responsible for making the final decision. It may be different to the person investigating. For example, where an organisation engages an independent investigator.

Gia Smith (Principal). Contact details above.

Conflicts of interest

This might be actual, potential or perceived.

N/A

Management strategies for conflict of interest

Where there is a conflict of interest that can be managed, outline how this will be done.

N/A

Reporting required to regulatory bodies

Include here any reporting bodies who might need to know about the allegation. The list below is not inclusive of all regulatory bodies.

Regulatory Body

Need to be notified?

Notified?

Independent Regulator

Yes

Yes

Tasmania Police

Yes

Yes

Strong Families, Safe Kids Advice and Referral Line

Yes

Yes

Registration to Work with Vulnerable People Registrar

Yes

Yes

Communication with the alleged victim(s) about process

If the concern relates to possible criminal conduct, include here whether you have communicated to the alleged victim(s) or their family if police have been notified.

Spoke with KB and HG in person. Indicated to them that Tasmania Police had been notified of the allegation and they may be contacted in the future to speak with police if they choose to. Also informed KB and HG that a report was being prepared for the Independent Regulator. The students identified regular phone calls as their preferred way to remain updated on the investigation.

Support offered

At a minimum, contacts for support services should be offered to the subject of the allegation, and the alleged victim(s). Include here any additional cultural sensitivities that must be considered throughout the investigations, and any additional support that might be required.

Support services list offered to alleged victims, subject of allegation and witnesses. All interviewees offered a support person to be present at time of interview.

Allegations

Allegations should be considered individually and numbered in a way that makes each allegation including each instance of a type of reportable conduct easy to identify.

Allegation 1

1.1 Grooming and/or sexual misconduct committed against a child

1.2 Breach of clause 2.3 Leaf Independent School Code of Conduct

1.3 Breach of clause 3.5 Leaf Independent School Social Media Policy

It is alleged:

  • on or around 1 September 2023, Mr Doe added Kelly Brian ‘KB’ on Facebook on his profile ‘RayD’ and ‘followed’ her personal Instagram using his profile ‘RayD1’
  • between 1 October and 15 November, Mr Doe, using profiles ‘RayD’ and   ‘RayD1’ ‘liked’ 8 photos on KB’s Instagram and Facebook profiles
  • on 20 October Mr Doe messaged KB on her Facebook profile “u look really hot”. He messaged later that day “tell me if u want help with that test on Friday, I’m marking it”
  • on 21 October, Doe messaged KB again on Facebook “xox”
  • on 12 November KB messaged Doe on Facebook with words to the effect of “Stop messaging me and liking my photos” to which Mr Doe responded “sorry didn’t mean to send. Was really drunk!”
  • between 12 November and 18 November, service 04111111, believed to be operated by Doe messaged KB a number of times including the following messages: “hey why you icing me out?” and “ur not even that hot u know”.

Allegation 2

2.1 Grooming and/or sexual misconduct committed against a child

2.2 Breach of clause 2.3 Leaf Independent School Code of Conduct

2.3 Breach of clause 3.5 Leaf Independent School Social Media Policy

It is alleged:

  • on or around 1 September 2023, Mr Doe added HG (16) on Facebook on his profile ‘RayD’ and ‘followed’ her personal Instagram using his profile ‘RayD1’
  • Between 1 October and 15 November, Mr Doe ‘liked’ 7 photos on HG’s Instagram and Facebook profiles.
  • on 2 November Mr Doe messaged HG on her private Instagram using your Instagram profile “RayD1”, “how r ur holidays going?. I miss u x”
  • on 10 November, Mr Doe commented on a photo posted to HG’s private Instagram “U r cute’ and commented a picture of a red heart on another photo
  • later on 10 November, Mr Doe sent HG a Facebook message saying “need to study over the holidays? Can help u with school stuff if u want could come to ur place?? Or meet somewhere???”
  • on 13 November, HG messaged Mr Doe on Facebook with words to the effect of “stop messaging, you’re creeping me out” Mr Doe responded soon after “Ok chill, was drunk, didn’t mean it”
  • between 12 November and 18 November phone service 04111111 believed to be operated by Mr Doe, messaged HG multiple times, including the following messages:
    • to HG “hey can we talk”
    • to HG “u up? Can we talk now?”
    • to HG “thought u liked me? Guess not. Think ur too hot for me?”
    • to HG “F### u!!”.

Subject of the allegation

Name

Ray Doe

Address

1 Fiction Street
Fiction Town, Tas 7000

Phone number

04111111

Email

Ray.Doe@leaf.school.com

Position held

Secondary teacher (science)

Time in position

5 years

Risks and possible mitigation strategies

Include all risks you can identify at this stage. You can add more if you become aware of them.

Risk

Mitigation

  • subject of allegation teaches multiple classes
  • alleged victims are students of subject
  • subject has custody of own children
  • subject coaches son’s under-14 soccer team.
  • subject stood down pending investigation
  • Strong Families, Safe Kids Advice and Referral Line advice sought regarding the safety of his own children
  • president of son’s soccer club to be notified that an allegation of reportable conduct has been made.

Timeframes and milestones

Date

Action

18 November

  • notification made to Independent Regulator (in line with 3 day notification requirement)
  • seek to understand the roles and responsibilities of other bodies including Tasmania Police and the Advice and Referral Line
  • determine sequencing of reporting/information sharing to ensure KB and HG are kept informed of next steps.

19 November

Notifications made to Tasmania Police and Advice and Referral Line.

19 November

Schedule interviews.

24 November

Interviews with all witnesses complete.

28 November

All evidence obtained and documented and shared with Tasmania Police as appropriate.

19 December

30 Day  update to Independent Regulator.

2 January

Close off report to Independent Regulator.

Communication Plan

All parties should be kept informed at each stage of the investigation. Communication methods may include verbal and/or written correspondence.

Date

Action

18 November

Meeting with KB and HG to outline legal obligations and next steps.

18 November

Letter to parent/guardian of KB & HG.

20 November

Letter of allegation provided to Mr Doe.

25 November

Phone call with KB & HG guardians to provide update on investigation.

1 December

Phone call and follow-up meeting with KB & HG guardians to provide outcome of investigation.

1 December

Letter of outcome provided to Mr Doe.

Information obtained prior to commencement of investigation

Who made and received the complaint or observed the alleged conduct.

Mo Chi (year 10 Art teacher) heard KB and HG discussing Mr Doe’s conduct.

Possible witnesses

Include here anyone who may be able to assist with the investigation (such as the subject of the allegation and the alleged victim and any children or young people that may be witness to the incident/s).

Witness

Role

Relevance

Interview arranged/held

Notes

Mo Chi

Art teacher

Received first complaint

23 November, 10am (approx. 1/2 hour)

Rough notes of complaint from KB and HG.

Holly Grey

Student

Alleged victim

23 November, 12pm (approx. 1 hour)

Support person nominated by HG – student counsellor Helen Watson.

Kelly Brian

Student

Alleged victim

23 November, 1pm (approx. 1 hour)

Support person nominated by KB– student counsellor Helen Watson.

Has expressed that she would like the opportunity to write things down during interview.

Ji Brian

Parent of KB

Parent of alleged victim – complaint witness

24 November, 10am (approx. 1/2 hour)

KB indicated she’d talked to her mum about her distress at the messages she was being sent but hadn’t told her who was sending them as she was scared her mum would ‘fly off the handle’ at Mr Doe.

Ray Doe

Science teacher

Subject of allegation

24 November, 1pm (approx. 1 hour)

Nominated support person to attend interview -
Elliot (friend).

Possible evidence

List here the pieces of evidence that might assist with the investigation (such as written notes, CCTV, or digital documents).

Item

Source

Relevance

Date obtained

Notes

Screenshots of messages

KB and HG

Substance of allegation – alleged conduct occurred online.

 

To be supplied

Notes of complaint

Mo Chi

Record of notes of complaint from KB and HG.

 

To be supplied

Evidence summary

To be filled in once each interview has been conducted.

Information obtained in interviews

Summarise evidence from interviews with witnesses.

Name

Date and duration of interview

Summary of evidence

Mo Chi

  

Holly Grey

  

Kelly Brian

  

Ray Doe

  

Ji Brian

  

Document collection

All interviews will be recorded.

Copies of transcriptions to be saved securely in line with the school’s record management policy.