Finalising an investigation

In determining the likelihood that reportable conduct has occurred, the investigator should make a finding based on:

• all available evidence, and
• assess it according to the standard of proof based on the balance of probabilities.

The balance of probabilities indicates the evidence gathered suggests the reportable conduct is more likely to have occurred than not.

If the investigator decides it is more probable than not that the conduct of a worker did occur, the allegations should be found to be substantiated.

In considering on the balance of probabilities that the conduct of a worker occurred, the organisation may apply the Briginshaw Test.

The Briginshaw Test takes the following into account:

the seriousness of the allegation made

the gravity of consequences from a finding.

Applying the Briginshaw Test means the more serious the allegation and gravity of a substantiated finding, the more comfortably satisfied on the evidence the decision-maker must be before making any substantiated finding.

In determining the weight of a piece of evidence, the following factors should be taken into account:

• Reliability: How trustworthy is the evidence?
• Corroboration: Is there other evidence that either supports or contradicts the evidence under examination?
• Plausibility: How believable is the evidence in the given circumstances? Does it exhibit a sense of truthfulness?
• Source: What is the origin of the evidence?
• Objectivity: Is the evidence objective, such as CCTV footage, or is it merely based on hearsay?
• Witness consistency: Do relevant witnesses provide consistent accounts?
• Opportunity to respond: Was the subject of the allegation given the chance to comment on the evidence, allowing them an opportunity to present their side of the story?

Findings should be made based on the best supported evidence.

For the purposes of the Reportable Conduct Scheme, various findings that can be established include:

• Substantiated: This means on the balance of probability, the reportable conduct has occurred. Evidence suggests it is more likely than not that the reportable conduct happened because there is enough evidence of weight.
• Unsubstantiated: This means there was insufficient evidence to substantiate that on the balance of probabilities the conduct occurred and/or a lack of evidence of weight to support the allegation (e.g. there was some evidence of weight, but not enough to make a substantiated finding).
• Unfounded: This means the evidence suggests that it is more likely than not that the reportable conduct did not happen.
• Non-reportable conduct: The conduct does not fit the types of reportable conduct listed in under the Child and Youth Safe Organisations Act 2023.

When determining findings after investigating reportable conduct, the following considerations should be taken into account:

• Consider all relevant factors known to the decision-maker, whether through direct knowledge or inferred understanding.
• Attribute appropriate significance to factors that matter as evidence.
• Avoid giving weight to irrelevant factors or emphasising factors of minimal substance.
• Document the reasonings behind a decision, demonstrating a clear and logical connection to the evidence and which indicates the decision is justified based on the balance of probabilities.

It is possible that a single reportable conduct investigation includes multiple allegations of reportable conduct.

For example, the following fictional scenario from a young person includes multiple reportable conduct concerns:

“My swimming coach grabbed me hard around the wrist and stood on my finger when I made a mistake at training. I started crying because it hurt and he told me that I was never going to be a good swimmer if I don’t ‘stop being such a weak b----. I don’t want to swim anymore.”

This course of conduct contains three reportable allegations:

1. An allegation of physical violence (“My swimming coach grabbed me hard around the wrist”).
2. A further allegation of physical violence (“And stood on my finger”).
3. An allegation of significant emotional or psychological harm ("he told me that I was never going to be a good swimmer if I don’t ‘stop being such a weak b----. I don’t want to swim anymore”).

Each of these allegations must be given due consideration when determining on the evidence, whether it is more likely than not, reportable conduct occurred.

An investigation report incorporates all the relevant information collected during the investigation.

It includes an analysis of the evidence against the reportable conduct allegation and recommends a finding.

The report should make it easy for anyone reading it to understand how the investigation was undertaken and see that the conclusions are fair based on the evidence gathered.

The evidence should be presented in a way that clearly shows how and why the investigator came to their conclusions.

Generally, an investigation report should include:

• the investigation's scope
• details of the alleged reportable conduct
• any decisions made during or at the end of the investigation, including the reasoning
• the evidence obtained and an analysis of that evidence, considering any evidence provided by the alleged subject of the reportable conduct
• an assessment of the evidence, including the weight assigned to each piece and the reasons for it
• the investigator's recommendations, if any.

All materials gathered during the investigation are referenced in the report and should be included as attachments.

The investigation report and any attachments should be filed and easily accessible in an organisation's document management system.

Learn more about record keeping.

Access an example investigation report.

Under the Child and Youth Safe Organisations Act 2023, as soon as practicable after the investigation has finished, the leader must provide the Independent Regulator with:

• a copy of the findings of the investigation and the reasons for those findings; and
• details of any disciplinary or other action that the organisation has taken, or proposes to take, in relation to the worker, and the reasons for that action; and
• if the organisation does not propose to take any disciplinary or other action in relation to the worker, the reasons why no action is to be taken.

Access the investigation finalisation webform.

After finishing a reportable conduct investigation, organisations need to decide what action, if any, should be taken regarding:

• the adult worker
• the child or young person(s) involved
• policies and procedures
• organisational culture
• systems
• any other relevant parties, and
• how the Child and Youth Safe Standards and Universal Principle for Aboriginal Cultural Safety are implemented by the organisation.

The entire circumstance should be reviewed to identify any risks to children and young people, as well as the organisation.

At the end of the investigation process, the organisation should do a final check to minimise any further risks to children and young people through taking action.

Following the final risk assessment, regardless of the result of the investigation, organisations can take a range of actions. These may include:

• disciplinary action
• providing training for workers to enhance capability
• changing practices in specific situations
• implementing changes to the physical environment
• reviewing the child safety policy
• re-issuing the code of conduct to workers
• reviewing communication methods used with children and young people
• analysing feedback and complaint data to identify trends for improvement
• reporting findings to relevant professional regulators.

Following an investigation, organisations can update parties of an investigation on:

• the findings
• reasons for the findings
• the recommendations made
• any action that is to be taken in response to those findings.

Learn more about sharing information under the Child and Youth Safe Organisations Framework.

Learn more about planning your reportable conduct investigation and keeping parties informed throughout the investigation process.

Leaders can update the subject of an investigation when the update relates to:

• the findings, reasons for the findings and the recommendations made at the conclusion of the investigation
• information on any action that is to be taken in response to those findings.

Organisation should provide a letter to the worker informing them of the investigation's outcome and specifying the actions that will be taken.

This correspondence may also extend an offer to discuss the matter further, if deemed appropriate.

After the final decision is reached, the worker should receive written notification, including details about any internal review or appeal options available to them.

The worker should be clearly informed about whether their conduct breached a code of conduct or organisation policy.

Additionally, it is crucial to explain to the worker that the organisation may need to notify other entities of the outcome as part of fulfilling legislative obligations.

Receiving information about the outcome of an investigation can be distressing for the child, young person, or an adult victim-survivor of abuse, regardless of the finding.

Therefore, it is essential to consider the most suitable way to communicate this information and the support that may be needed.

Options for communication should be offered, allowing the child, young person, or adult victim-survivor of abuse to choose how they receive communication. The option to receive the information directly or with the support of a chosen person should also be offered.

Special attention must be given to how information is conveyed considering the need for support in understanding the information, the preferred mode of communication (e.g. in person or in writing), and whether assistance is required from the organisation and referrals to support services.

Where the outcome is communicated in person it is considered good practice to document the outcome in writing as well.

This written record should be created in a sensitive manner, ensuring its availability for future reference.

In instances where a reportable conduct allegation is not substantiated by the investigation, organisations should be sensitive to language.

Instead of stating that the allegation was not "proven" or "substantiated," organisations may choose to provide an appropriate description of the investigative process, the available evidence, and how it informed the outcome, including any actions taken.

Leaders can also keep the person that disclosed the reportable allegation updated about:

• the findings, reasons for the findings and the recommendations made at the conclusion of the investigation
• information on any action that is to be taken in response to those findings.

Information Sheet: Investigation findings

This is a short guide developed by the Victorian Commission for Children and Young People which describes the types of findings that can be made at the end of a reportable conduct investigation.

The Victorian Reportable Scheme is similar to, but distinct from Tasmania’s, however, this resource may be useful for Tasmanian organisations conducting investigations into reportable conduct.

Information Sheet: Making a finding of reportable conduct

A series of short information sheets developed by New South Wales Office of the Children’s Guardian about the NSW Reportable Conduct Scheme.

The NSW Scheme is similar to, but distinct from, Tasmania’s. It may however, be useful for Tasmanian organisations conducting investigations into reportable conduct.

Final Report – Royal Commission into Institutional Responses to Child Sexual Abuse: Volume 7, Improving institutional responding and reporting

This chapter of the report provides guidance for how institutions can improve the reporting of child sexual abuse in institutional contexts and enhance complaint handling policies and procedures.

Complaint Handling Guide: Upholding the rights of children and young people

This resource was developed by the National Office for Child Safety to help organisations build their capacity in handling complaints involving children and young people. The guide is accompanied by a short reference guide and a fact sheet.