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WISE Workplace is a multidisciplinary organisation specialising in the management of workplace behaviour. We investigate matters of corporate and professional misconduct, resolve conflict through mediation and provide consultation services for developing effective people governance. 

Through the delivery of professional development opportunities and self published practitioner guides, we are the centre of excellence for the ongoing professionalisation of workplace investigations across Australia.

The Latest from the Blog

Witness Statements Protected in Australia Post FOI Bid

Harriet Witchell - Wednesday, April 26, 2017


A recent decision of the Australian Information Commissioner has confirmed that certain categories of internal documents cannot generally be forced to be the subject of a disclosure process.

The decision, which was handed down by Commissioner Tim Pilgrim on April 5, 2017, arose from a refusal by Australia Post to produce documents to a former employee, identified for the purpose of the proceedings as "LC".

LC had complained to his former employer that he had heard two managers making "derogatory comments" about him, and reported that he had heard from an HR officer that the managers would be disciplined for their actions. Accordingly, LC issued a Freedom of Information (FOI) request seeking documents pertaining to Australia Post's investigations, with a view to identifying what disciplinary action would be taken.

Australia Post claims documents exempt

However, the requested documents were not produced by Australia Post, which claimed that the materials were exempt from production under sections 47E(c) and 47F of the Freedom of Information Act 1982 (Cth).

Section 47E(c) of the Act provides that documents are not required to be produced if they would or could "have a substantial adverse effect on the management or assessment of personnel by the Commonwealth or by an agency". Meanwhile, section 47F states that documents need not be produced if they would unreasonably reveal personal information about any person, including a deceased person.

LC requested a review of the FOI decision. However, Commissioner Pilgrim agreed with Australia Post's refusal to produce the documents, in accordance with the "management functions" exemption set out in section 47E(c).

Release of documents would "impede investigations"

In these circumstances, the documents related to both managing and assessing personnel because they related to complaints by employees and associated disciplinary proceedings.

Specifically, Commissioner Pilgrim found that documents including witness statements and counselling or disciplinary action documents directly related to the management functions of an organisation, and accordingly could "reasonably be expected to have a substantial adverse effect" on those functions.

In particular, Commissioner Pilgrim concluded that permitting the release of these documents would impede the proper progress of investigations, because there was a very reasonable prospect that it would put people off making complaints or providing honest witness statements during enquiries, particularly over concerns of "backlash" from co-workers and supervisors or senior employees.

Having regard to the nature of Australia Post's business, Commissioner Pilgrim also found that public interest dictated that Australia Post and other government organisations should be able to protect the integrity of their code of conduct complaint processes.

The wider impact on workplace investigations

The recent decision in LC and Australia Post highlights the importance of employers being able to maintain the integrity, privacy and confidentiality of their internal disciplinary processes. In particular, witnesses and complainants can be reassured that anything they divulge and which is recorded during the provision of interviews cannot be easily disclosed on the basis of FOI requests.

Make sure that your internal documentation and disciplinary processes are protected, private and accurate. The majority of unfair dismissal claims are due to lack of process and procedural fairness. Fix the process and reduce time and money spent in court with the Workplace Investigation Tool Kit. You can find more information about it here

A Perplexing Problem: Protecting Children Overseas

Harriet Witchell - Thursday, April 20, 2017


Every year billions of Australian dollars are provided to fund aid projects overseas. The money is targeted to assist developing countries with education, housing, health and community projects. Naturally children are a prime target group for these aid programs.  The majority of these organisations are funded by the Australian public via donations and government funding provided to not-for-profit organisations, many of them faith based organisations.

International rules and expectations govern the protocols for handling and responding to allegations related to child protection, however, enforcing these laws is a tricky business often involving multiple jurisdictions and multiple agencies who may disagree around responsibilities and liabilities.

Policies and procedures are not enough to protect children who are by definition amongst the most vulnerable in the world.

Small operations, voluntary management and high dependency on the goodwill of front end service delivery mitigate against strong child protection regimes. Poor oversight due to long distance, remoteness and cultural differences are also key features of this problem.

Funding bodies in Australia are expected to have high quality child protection systems and policies in place to gain government funding but the challenge of enforcing or even providing adequate training in the expectations to the end providers of the service can be beyond reach.

Now that we know that we cannot unquestioningly depend on the nature of goodly people to act without harming children, what cost do we place on the need to provide secure safe environments for children receiving charitable services?

Documents provided to the Guardian relating to the level of abuse within detention centres on Nauru demonstrate the abject failure of outsourced government funded programs. How then do we expect small voluntary projects to be faring against these standards?

It is clear that policies and procedures are woefully inadequate yet how much of the donated money do we want spent on compliance when it comes to protecting children?

WISE Workplace is regularly requested to undertake investigations of allegations made against staff overseas who are working or administering charitable projects. The work requires a high level understanding of the environment, the agency, funding requirements, boards and community management structures, and the local culture and cultural background of staff and service recipients. The work remains some of the most challenging to investigate. Weak employment relationships can lead to inconclusive outcomes and an inability to enforce any restrictions on volunteers in the field.

For those organisations with managers in Australia trying to manage complaints or allegations arising from activities overseas, using the support of experienced investigators can be a godsend melding the investigative skills of experienced child protection investigators with the cultural and service delivery expertise of the coordinators working for the agency.

Our top 10 list of must do’s if you are a coordinator of a charity funded project overseas:

  1. Nominate a single contact person with responsibility for dealing with complaints related to child protection within your agency
  2. Have clearly articulated Child Protection Standards and Guidelines
  3. Have clearly articulated procedures for dealing with complaints
  4. Understand the criminal law in the country of service delivery
  5. Understand the employee relationship between the funding body and the service providers on the ground
  6. Know your legal obligations under your primary funding agency agreement
  7. Respond quickly to complaints
  8. Conduct a risk assessment and take protective action if necessary
  9. Identify a suitable contact person on the ground in the foreign country to be a liaison pain
  10. Seek specialist help when complaints are serious or complex to investigate.

WISE Workplace runs regular training programs on the principles of undertaking workplace investigations. Our facilitators have extensive experience and expertise in managing all kinds of challenging investigations including running operations overseas via Skype using local contacts. Our unique Investigating Abuse in Care course provides valuable skills in how to assess complaints, reporting obligations, drafting allegations, interviewing victims and respondents, making decisions and maintaining procedural fairness. Book now for courses in May 2017.

Building Rapport in Investigative Interviews

Harriet Witchell - Wednesday, April 12, 2017


All workplaces are at risk of allegations of bullying, harassment, discrimination or other claims of misconduct or inappropriate dealings. As such, all employers must be prepared to conduct investigative interviews to determine the veracity and accuracy of any allegations made against or by one or more of their employees.

Apart from properly eliciting the facts, perhaps the most important thing in conducting such interviews is ensuring that there is sufficient rapport between the interviewer and the interviewee. This connection can result in more information being obtained from the interviewee, and also help ensure that more truthful answers are provided.

So what are our top tips on achieving this?

1. Tailor your approach

There is no "one size fits all" approach when it comes to building rapport in investigative interviews, it's about tailoring the approach to suit the particular circumstances and the interviewee.

For example, there is probably little point running through a standard set of formal questions when interviewing children. Similarly, an employee who claims to be the victim of workplace bullying is unlikely to want to make idle small talk about how the company's netball team is faring in the local comp.

2. Ask questions in the right way

It is crucial that interviewers are competent and know which questioning techniques to use in which situation in order to put the interviewee at ease and obtain quality information.

For example, taking the interviewee back in time to when the incident occurred can help with recall, while asking open-ended questions can assist in obtaining more detailed explanations.

3. Make the interviewee comfortable

One of the most important aspects of building rapport is to make sure the interviewee is relaxed. Ensure that there is adequate privacy for the interview to take place away from the prying eyes and ears of co-workers, and offer comfortable seating and beverages. It is essential to create a sense of trust in the interviewee, by making them comfortable, conveying an impression of competence and expertise, and by actively listening to them. If this occurs, the interviewee is more likely to feel comfortable divulging information.

4. Mirror the interviewee to bond with them

A tip frequently utilised by law enforcement officials in conducting investigative interviews is to mirror the interviewee. This involves actively listening to what the interviewee is saying and "mirroring" or reflecting their mental state and emotions, such as expressing frustration about the way in which they have been treated, demonstrating understanding and validation of their feelings, and acknowledging that their experiences are significant and potentially very destabilising.

Mirroring is also closely aligned with the principle of reciprocity, which suggests that interviewees will respond in a way which matches the interviewer's attitude towards and interaction with them. An empathetic or obviously interested interviewer will doubtlessly elicit more information than one with an aggressive or unpleasant style.

It is particularly important to find factors of commonality and shared experiences if there is a power imbalance between the interviewer and the interviewee (such as a relationship of employer and employee or an external workplace investigator who is effectively a stranger). This can be as simple as discussing recent weather events, the traffic or sporting teams.

Obtaining professional assistance

Conducting investigative interviews generally can be challenging. For more tips on how to undertake interviews in the workplace, participate in one of our upcoming advanced training courses on conducting investigations.

Alternatively, if you prefer to obtain expert assistance from the get-go, Wise Workplace provides full investigation services. Contact us today to find out how we can help with your workplace investigations.

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