AUSTRALIA Law and Practice Contributed by: Kathy Dalton, Jonathan Wright, Gella Rips and Mirna Oghanna, Workdynamic Australia
• Respondents receive the findings relevant to them and an opportunity to respond before any discipli - nary action is taken. Reporters and respondents are not provided with detailed witness statements or confidential personal information. Employers also need to be cautious to preserve LPP, if relevant, by carefully controlling communications and clearly marking and treating communications as confi - dential and privileged. Privilege can be lost if findings, legal advice or privileged documents are disclosed too broadly or shared with individuals who do not have a genuine need to know. When delivering the outcome, the employer should also consider whether any protective measures are required to support and reduce the risk of victimisa - tion of any participant. 6.6 Communications to Authorities There are some situations in which an employer must or should communicate the conclusion of an investi - gation to authorities, such as: • where the conduct involves criminal behaviour or notifiable safety incidents; • where the employer operates in a regulated sector; or • where communication is required under whistle- blower laws. Similar considerations to those set out in 2.2 Com- There are typically other parties (beyond the reporter, the respondent and the internal decision-maker) who may need to be informed of an investigation’s conclu - sion. This may include senior leadership, legal, HR and managerial personnel responsible for implement - ing any risk management, disciplinary or operational processes arising out of the findings. The information shared with these parties should be limited to what is necessary for them to perform their roles, which can usually be achieved through a relevant summary rather than disclosing the full investigation report. munication to Authorities apply. 6.7 Other Communications
Often, witnesses and broader team members will have an interest in the outcome of an investigation where they have been involved and/or are aware of the inves - tigation, and particularly where it has affected morale, operations or team dynamics. Although they have no right to any information, employers may choose to provide limited communication to support transpar - ency and to mitigate potential gossip and miscom - munication. Ideally, any broader communication should be con - fined to confirming: • that the investigation has concluded; • that appropriate steps are being taken to support a respectful workplace; and • any organisational or cultural measures to be implemented, such as training or team-building. 6.8 Disciplinary Measures If the allegations are substantiated, employers may take a range of disciplinary actions, depending on their disciplinary processes, the employee’s terms of employment, and any obligations under the FW Act. The appropriate disciplinary response should be timely and will depend on factors such as the seri - ousness and impact of the conduct, any mitigating circumstances, the respondent’s role and tenure, and any prior disciplinary history. Common disciplinary measures include: • counselling; • formal warning; • changes to duties or reporting lines; • demotion; and • termination of employment. If the respondent raises new or counter‑allegations, the employer should assess their credibility, decide whether a separate investigation is needed, and ensure that the disciplinary process is not unneces - sarily delayed. A rushed or procedurally flawed process may expose the employer to unfair dismissal claims or other legal risks.
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