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There are often questions asked about confidential workplace investigations and how confidentiality is maintained. Formal workplace investigations can significantly impact all those involved and cause them concern about the level of confidentiality that will be maintained. If you are part of a workplace investigation and want to understand the confidentiality requirements, here is an overview of how we ensure confidentiality in our workplace investigations.

Confidentiality of Workplace Investigation

Workplace investigations are confidential processes. Failing to maintain confidentiality can harm those involved and the broader team. Breaches can damage an individual’s reputation, credibility, or professional standing. It may also affect mental health and cause psychological injury. In some cases, it could lead to defamation claims.

Individuals interviewed during investigations prefer their statements to remain confidential. As an external provider, we at Risk & Investigative Services Qld do not release information except to the employer or their legal representative unless legally compelled. At the start of any investigation, the employer instructs all parties to maintain confidentiality. Exceptions include discussions with an industrial advocate, support person or for mental health support.

Recorded Interviews and Statements During Investigation

We ensure statements made during the investigation remain confidential. However, all interviews are audio recorded, transcribed, and attached to our final reports. We provide the final report to the employer, who decides whether to share it. Once we hand over the report, we have limited control over its use. For more details on report handling, refer to workplace policies or consult Human Resources.

Best practices suggest employers share some findings with the respondent and only disclose necessary information. Employers typically provide a summary to the complainant, ensuring privacy and confidentiality. This approach helps maintain the confidentiality of all information collected during the investigation. It minimizes the risk of further conflict within the team. We recommend employers store reports in a separate database with restricted access.

Confidentiality can be waived in workplace investigation

While witness statements and investigation information should remain confidential, some scenarios require exceptions.

Confidential Anonymous Complaint

In some cases, a complainant may request to remain anonymous due to safety concerns. Even with anonymous complaints, the respondent may deduce the complainant’s identity. If this applies to you, discuss safety strategies with your employer.

Procedural Fairness

Serious allegations of misconduct require a fair process for all parties. This includes providing the respondent with enough information to respond fully. Consequently, the investigator may need to share names or details that could identify a complainant or witness, even if given anonymously.