Document ID: chunk:federal_register_of_legislation:F2025L00326:body:0:p34
Version: federal_register_of_legislation:F2025L00326
Segment Type: other
Provision Reference: 
Character Range: 94372–97423

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 a first incident of a worker using inappropriate language may be immediate informal discussions with the workers involved. The earlier problems can be identified and addressed, the less likely a formal and complex investigation will be required.
Whether a formal investigation is conducted should also be considered carefully in the context of other workplace laws.
Small businesses may require assistance if a matter is complex or has a high risk. You can seek advice from the WHS regulator, your industry body or a WHS expert.
While WHS investigations are not focused on individual actions but on the risks to health and safety from the actions, they should still take a trauma informed approach.

     7.2          Selecting an investigator
It is important to find an investigator who is likely to have the confidence of all parties involved where possible. They should be impartial and have the skills and knowledge to identify sexual and gender-based harassment, assess the risks and recommend appropriate controls.
An external investigator may be required if an impartial internal investigator is not available, for example where a matter involves an allegation about the behaviours of a senior manager. When selecting an external investigator, you should ensure they have the expertise and knowledge to conduct investigations in a trauma informed way, and that they do not have any conflicts of interest.

     7.3          Trauma informed approach
The concept of a trauma informed approach means workplace systems recognise and acknowledge that worker experience of trauma may impact how those experiencing trauma from sexual and gender-based harassment or with a history of trauma interact with systems and processes. For example, trauma may impact how a worker responds or recalls events and can describe them to an investigator.  A trauma informed approach to investigation procedures and practices supports workers trust and participation. This can include principles of:
   -            Safety, both physical and emotional (e.g. Does the investigation process consider the emotional safety and wellbeing of affected individuals, or is the process likely to distress someone with a history of trauma? Does the process ensure the affected person is protected against retaliation, re-victimisation and re-traumatisation?).
   -            Trust (e.g. Is the process sensitive to people's needs, empowering to affected individuals, offering some flexibility and opportunity for choice where reasonably practicable? Are workers supported to make informed choices, given timely information about the process/their rights? Does the process offer suitable support for the affected person? Does the process offer the worker a support person or representative?).
   -