Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p33
Version: federal_register_of_legislation:F2025L00326
Segment Type: other
Provision Reference: 
Character Range: 91511–94652

the risk management process?
   -            Are workers openly raising health and safety concerns and reporting problems promptly?
   -            Has instruction and training been provided to all relevant workers?
   -            Are there any upcoming changes that are likely to result in a worker being exposed to risks of sexual or gender-based harassment?
   -            Are new control measures available that might better control the risks?
   -            Have risks been eliminated or minimised as far as is reasonably practicable?
If the effectiveness of the control measures is in doubt, go back through the risk management steps, review your information and make further decisions about control measures.

7.          Investigating and responding to reports
A PCBU's internal WHS investigation should focus on protecting workers and others from harm by identifying whether there is a risk of sexual or gender-based harassment that has not been controlled so far as is reasonably practicable, or there are more effective and reliable control measures available. A WHS investigation does not require a formal complaint.
While a WHS investigation focuses on the risks and control measures, it may need to address the behaviour of individuals, such as whether they have followed health and safety policies that have been communicated to them.
An investigation may itself introduce WHS risks – these risks must be eliminated or minimised so far as is reasonably practicable. This can be done by:
   -            ensuring the investigation is fair, transparent and timely
   -            ensuring the investigation is impartial, considers accessibility and takes a non-biased and culturally sensitive approach, especially in environments with a lack of diversity, including in management and leadership
   -            ensuring decision makers are appropriately trained, unbiased and accountable where they have discretion over reporting and systems
   -            ensuring due process for both those who raised the issue and any workers who have had allegations made about them
   -            taking a trauma informed approach (see section 7.3)
   -            ensuring workers have access to support
   -            maintaining appropriate privacy and confidentiality of all workers involved, and
   -            ensuring appropriate information about the outcome of any investigation is provided to the individual who reported experiencing the harassment.
A WHS investigation may occur in parallel with other investigations such as an investigation into whether there has been a breach of employment codes of conduct, professional standards or other legal frameworks.

     7.1          Nature of investigation
As a PCBU the nature of your WHS investigation should be proportionate to the risks and suit the circumstances. When deciding the nature of an investigation consider the:
   -            level of risks involved
   -            complexity of the situation, and
   -            number of workers involved or affected.
A formal investigation may not always be the most effective option. For example, the best response to