Document ID: chunk:federal_register_of_legislation:F2024L01380:reg:8:p3
Version: federal_register_of_legislation:F2024L01380
Segment Type: reg
Provision Reference: reg 8 (pt 3/4)
Character Range: 84825–88058

should not have been directly involved with either party. Personal or professional bias is to be avoided. If this is not possible, consider engaging an external party to ensure impartiality.

Support all parties               Once a report or complaint has been made, or an incident has occurred, advise parties involved what support is available, for example employee assistance programs, and allow a support person to be present throughout the process including at interviews or meetings (e.g. an HSR, union representative or work colleague). Ensure adequate and fair support is available to all parties, including those who may be away from work during investigations or during disciplinary processes. This includes both the complainant and the person who the complaint has been made about. Support should also continue following completion of the incident investigation process.

Do not victimise                  It is important to ensure anyone who reports a psychosocial hazard, or is a party to a report, complaint or incident is protected from victimisation.

Communicate process and outcomes  Inform all parties of the process, any rights and obligations that may apply, how long it is estimated to take and what they can expect will happen during and at the end of the process, including rights of appeal and review. Should the process be delayed for any reason, advise parties of the delay and when the process is expected to resume. Reasons for actions that have been taken or not taken should be explained to the parties wherever possible so that the processes and outcomes are transparent. Wherever possible, an educative approach should be used. Where persons are away from the workplace (e.g. they are unwell or have been stood down from their roles during investigation processes), ensure an appropriate mechanism for communication is still available

Keep records                      Keeping a record of the following information will be useful:
                                       •                           the person who made the report
                                       •                           when the report was made
                                       •                           who the report was made to
                                       •                           the details of the issue reported
                                       •                           action taken to respond to the issue
                                       •                           any further action required – what, when and by whom.

If it is likely that responding to the complaint, incident or report will be sensitive or complex, input from organisational psychologists, human resources, WHS or other experts, such as security professionals, may assist.

Where the incident relates to work-related bullying or sexual harassment, a response procedure can be used to ensure reports, complaints or incidents of these hazards are dealt with consistently. The procedures can be used each time a report or complaint is made. The response procedure can:

    -          outline how issues will be dealt with when a report or complaint is made, including broad principles to ensure the process