What an investigation means
When we make the decision to investigate a complaint, it means that we are trying to establish the facts and determine if there has been any misconduct.
This may include use of our investigative powers, such as requiring individuals to attend and give evidence or provide written information.
During an investigation, we may require witnesses to assist us in establishing the facts. Witnesses have not necessarily committed misconduct. They may have been asked to give evidence as part of our inquiries.
Our investigators operate within the rules of procedural fairness (PDF, 128.4 KB). This means that a person subject to an adverse finding or comment will have the opportunity to respond. The response is taken into account when finalising the investigation report.
Once we have established the facts, the investigator prepares and submits a report to the Chief Executive Officer. The CEO can then seek comments or submissions from those named in the report or from principal officers of relevant agencies or others with a special interest.
Those who receive the report must observe confidentiality obligations. It is an offence for anyone to breach these obligations.
Once feedback is received, the investigation report is provided to the Board of the Integrity Commission. The Board then determines the investigation outcome, which may include referral for action.
It also determines whether the report should be tabled in Parliament, which involves taking into consideration the seriousness of the matter, seniority of those subject to investigation, and the public interest.
Outcomes may include:
- the complaint is dismissed because there is not enough evidence that the misconduct has occurred
- the report is referred to the principal officer of the relevant public authority, the Commissioner of Police or Director of Public Prosecutions, or the responsible Minister, for action
- the report is tabled in Parliament and released publicly
- the Board determines that an inquiry be undertaken by an Integrity Tribunal, or
- the Board recommends to the Premier that a Commission of Inquiry be established under the Commissions of Inquiry Act 1995 (Tas)