Stage 2: within 30 business days

Responsibilities in this stage include:

• Investigating: Planning and conducting an investigation
• Managing risk: Interim and ongoing risk management
• Reporting: Submit your interim report us.

Investigating: Planning an investigation

When planning an investigation, the head of a reporting entity should consider how it will be undertaken in a way that is fair, timely and prioritises the safety of children and young people.

The head of an organisation making an initial reportable conduct report to us must also provide contact details for a person we can contact about the investigation – either as part of the initial notification or as soon as possible after the notification is made.

Choose someone to lead the investigation

The person who leads the investigation can be someone from inside or outside your organisation, including the head of the organisation, another staff member, or an external investigator.

It is good practice to separate the person who investigates the allegation from the person who makes the final decision. This helps make sure the process is fair and unbiased. We recognise organisations will require different approaches to investigations.

• Large organisations will often have a dedicated investigations team. In these cases, the investigator gathers and assesses the evidence and then provides recommendations. The final decision is made by the head of the organisation or a delegated senior decision-maker.
• In medium-sized organisations without a dedicated investigations team, the investigation might be done internally by a suitable staff member or outsourced to an external investigator. The investigator’s findings and recommendations then inform the final decision.
• In small organisations, it may not be possible to separate these roles and the same person may need to both investigate the matter and make the final decision.

It is important that the person who carries out the investigation is independent and able to act without bias. If it is not possible to fully separate roles, your organisation should clearly document how any real or perceived conflicts of interest have been identified and managed.  

If you decide to use an external investigator due to organisational capacity or resourcing, you should consider their experience and qualifications, and check whether they need a valid Blue Card if their role involves contact with children.  

Make an investigation plan

An investigation plan can be made by the head of the organisation (or their delegate) together with the person chosen to carry out the investigation, and should:

• clearly describe the allegation being investigated
• outline what will or will not be investigated
• identify the key people who may need to be involved, such as witnesses, and details of any documents or other evidence that may be relevant
• outline the questions the investigation needs to answer, what evidence is needed to answer those questions, and how that evidence will be collected
• set timeframes for the investigation
• note any actions being taken to manage risk while the investigation is ongoing, and when those actions will be reviewed
• clearly document any real or perceived conflicts of interest and explain how these will be managed
• plan how and when information will be shared, including how the people affected by the allegation, such as children and parents, will be communicated with
• explain how information will be recorded and stored securely
• consider whether any of the people involved have specific needs, such as cultural, communication or support needs, and how these will be addressed during the investigation.  

Ensure procedural fairness

Procedural fairness means the person subject to the allegation is treated fairly throughout the investigation process. In order to ensure this, the investigation must be impartial, respectful, transparent, and based on reliable information.

Two aspects to procedural fairness are:

• Freedom from bias: The final decision-maker or the person conducting the investigation should not have a personal interest in the matter, should not have a close relationship with anyone involved, and should not have already formed an opinion about what happened. Any real or perceived conflicts of interest should be identified, recorded and managed properly.
• Right to a fair hearing: The person who is the subject of the allegation must be told what the allegation is about and given a real opportunity to respond before any decision is made. They should be given enough information to allow them to respond, without compromising confidentiality or risks to children. They should also be given adequate time to respond to the allegation and provide any additional information.

Practical steps that help keep an investigation fair and reliable include:  

• seeking advice from police before proceeding if there is a risk that the investigation could affect a police matter or court case
• basing all decisions on information that is relevant, reliable and gathered through a clear and fair process
• carrying out investigations promptly without compromising thoroughness
• carefully managing confidentiality so information is only shared with those who need to know, and there is a plan for how to deal with any breaches
• securing evidence from loss, deletion, alteration or unnecessary access – for example, emails, CCTV footage, case notes or other records
• ensuring the investigation is carried out in a way that is respectful and inclusive for everyone involved, including making sure it is culturally safe and supportive for Aboriginal and Torres Strait Islander people.  

Investigating: Conducting an investigation

Gather evidence

During an investigation, reasonable steps should be taken to collect relevant and reliable evidence. If evidence is hard to obtain (for example, due to time passing or unavailable witnesses), the reports should record the efforts made.

Evidence can include:

• physical evidence: documents, photos, records, or items like phones and computers
• site inspections: photos, diagrams or descriptions of locations
• expert advice: medical, psychological or technical input
• direct evidence: information from the child, parents or carers, witnesses, or the person involved.

Conduct interviews

All relevant witnesses should be identified and interviewed where possible. The child and the worker should both be interviewed, unless there is a clear reason not to. Any reasons must be recorded.

When planning interviews, it is usually best to interview the person who made the allegation first, and the worker involved last, to help gather information before the worker responds.

Interviews should be planned in advance and held in a safe, private place. If interviews are not recorded, detailed notes must be taken, including who was interviewed, when, where and by whom.

Interviews with children must be carefully planned, with their safety and wellbeing given the top priority. Give consideration to whether the person conducting the interview is appropriately training and experienced in working with children, particularly where serious harm or a sexual offence may be involved. In some cases it may be necessary to consult or involve an external specialist. Every effort must be taken to avoid causing further harm to children.

Keep clear records

Every action, decision, and piece of evidence gathered during a reportable conduct investigation needs to be documented and stored securely. Your organisational policies should outline who can access this information, in what circumstances, and who is responsible for their maintenance and security.

Ensure confidentiality

Information about an investigation must be kept confidential unless there is a clear reason to share it. People involved should only discuss the matter with those who need to know, and witnesses should not discuss the case with others.

The safety and wellbeing of children is always the top priority. Information should be shared when needed to protect a child or prevent harm, but not if it could put someone at risk or affect the investigation. Information may need to be shared to:

• help witnesses provide statements (only relevant details)
• give investigators the information they need
• protect a child or manage immediate risks
• meet obligations to regulators or oversight bodies in relation to compliance or safety.  

Communicate with the worker

The obligation on organisations to conduct investigations with procedural fairness means the worker subject to the allegation must be treated fairly.

This means the worker should be informed that they are the subject of an allegation at an appropriate stage of the investigation, usually after key evidence has been collected and without affecting other investigations (such as police). This is generally done through a letter of allegation which clearly explains the allegations to the worker and:

• lists each allegation and provides enough detail for the worker to understand and respond
• supports a fair process by keeping a clear record of what the worker has been told
• explains that if the allegation is proven, it may be reported to Blue Card Services, which could affect the worker’s eligibility to work with children
• may include any proposed findings.

The worker’s response must be considered before final decisions are made and shared with us. While children’s safety is the top priority, the wellbeing of the witnesses and the worker should also be considered.

Update the child and their family

The law allows for information to be shared with a child or young person, or their parent or guardian, when they are involved in an investigation. This may include updates on the progress, findings, reasons for decisions, and any actions taken.

When sharing information, consider what support the child, young person or their family may need at the time and as the investigation continues. Information should only be shared if it is safe to do so – do not share information that could put the child or others at risk, or affect an ongoing investigation.

Prioritise cultural safety and inclusion

Steps should be taken throughout the investigation process to make sure everyone involved feels safe, respected and supported to share their experiences. This includes through supporting workers and witnesses who may have specific access or communication needs to be accommodated in order for them to fully participate.

Children and witnesses from Aboriginal and Torres Strait Islander or culturally and linguistically diverse backgrounds should feel culturally safe throughout the process. Organisations can do this by respecting different cultural perspectives and being flexible (for example, allowing extra time or using appropriate language),

• being aware of personal bias and avoiding stereotypes
• building trust and positive relationships with children and witnesses
• allowing a trusted support person to be present, where appropriate
• Organisations should make sure cultural safety is part of how they carry out investigations, in line with the Child Safe Standards.

Manage any concurrent investigations

In cases where multiple investigations are being undertaken at the same time, organisations should assess how a reportable conduct investigation will interact with other agencies and incorporate this into the investigation plan.

A clear, coordinated approach helps ensure processes are safe, fair, and do not interfere with each other, while still keeping children safe, treating workers fairly, and meeting legal requirements.

Police investigations take precedence.

Where there are concurrent investigations organisations should:

• clarify roles, responsibilities and evidence requirements with all agencies early, and document this approach
• ensure children’s safety is a priority throughout all decisions
• ensure procedural fairness is provided to the worker
• share information with other agencies in a way that is consistent with the Act’s information-sharing provisions and confidentiality obligations.

An information-sharing guideline will be published soon. For more information on managing concurrent investigations, see our Guide to Queensland's Reportable Conduct Scheme.

Managing risk: Interim and ongoing risk management

Risk must be continuously monitored and assessed throughout the matter. Each assessment must be recorded, explained, and included in your reports us (initial, interim, and final).

Any actions taken should be suitable for the level of risk and may change as new information is received. All decisions and reasons must be recorded and reviewed regularly.

When to update the risk assessment

Review the risk assessment when:

• new information or evidence is found
• advised by us or by the Queensland Police Service (QPS)
• the investigation is paused due to QPS involvement
• there are changes in staff, access, or circumstances.

If we or QPS ask you to stop, delay, or not start an investigation, you must review the risk assessment. You still need to manage risks and protect children, even if the investigation is paused.

Reporting risk management

Organisations must submit an interim report to us within 30 business days of receiving a reportable conduct concern, which should include:

• the latest risk assessment
• any changes to risk management actions
• reasons for the changes
• how you are continuing to keep children safe.  

Reporting: Submit your interim report to us

Interim reports provide important information on how risks to children and young people are being identified and managed, and show an organisation is actively managing the matter.

What it should include

If an investigation is not finished and an organisation cannot provide a final report within 30 business days, an interim report needs to be provided to us.

As with initial notifications, the Act specifies the minimum requirements for information to be included in interim reports.

Interim reports should include as much detail as possible about:

• the allegation or conviction – include a factual description of the allegation along with any further detail that has been provided or determined since the initial notification
• actions taken – include any actions taken, particularly any to assess and manage the risk to children and young people
• evidence from the worker – if the worker has made any submissions to the organisation, these must be provided to us in the interim report.

How to report

We will accept interim reports in any format provided they contain the information required under the Act. This means reporting entities can use reporting templates that may be required under other reporting obligations or arrangements. Interim reports will be able to be submitted to us online, via email, post or in person. We will also have report templates available for you to use.

Who else to report to

The provision of an interim report in isolation does not require a reportable conduct matter to be reported elsewhere, but organisations should ensure that any existing reporting requirements for other schemes or purposes are adhered to. Any criminal matters uncovered at any stage during a reportable conduct investigation should be reported to police immediately.

What to expect from the Commission

We oversee the quality and fairness of reportable conduct investigations, and provide advice and support to reporting organisations throughout the process. In response to the information contained in interim reports, we may:

• review investigation plans and risk management decisions
• ask for additional information or updates
• provide case management advice
• ensure that investigations progress with procedural fairness and within reasonable timeframes.  

This may result in more frequent information requests, meetings with senior leaders of reporting entities, or requiring entities to adjust their investigation approach.