Investigations

Reportable Conduct Investigations

KNC can offer support to agencies to fulfil their reporting requirements to the NSW Children's Guardian under the Children’s Guardian Act 2019 No 25. From 1 March 2020, when the head of a 'relevant entity' becomes aware of a reportable allegation or a reportable conviction, the head of that entity must notify the Office of the Children's Guardian within seven business days and conduct an investigation into the allegations. If the final entity report is not ready to submit within 30 calendar days.

After a Notification has been made to the Children's Guardian, KNC can contract to undertake the investigation, including preparation of the required documentation as follows:

• Investigation Plan

• Interview Plans, including initial risk assessments

• Voice recorded interviews, including having these transcribed, and keeping records of communication

•  Review of relevant documentation, including agency policies and procedures, Code of Conduct and so on

• Providing a detailed findings report and providing all documentation and evidence required to the agency to enable them to complete the Entity Report Form under Part 4 Children's Guardian Act 2019.

• At the conclusion of the investigation all paper and audio records are provided to the agency to be shared with the Office of the Children's Guardian, meeting the agencies responsibilities.

• If there are unavoidable delays with the investigation KNC can assist the agency by providing initial information to support them to file a 30-Day Interim Report form while the investigation is being finalised.  

Investigations into Workplace Misconduct and Student Behavioural Misonduct

KNC can assist with independent and timely investigations into workplace disputes or student behavioural misconduct. These may relate to allegations of misconduct, sexual or other harassment, bullying, discrimination and fraud. After a request for assistance, KNC can contract to undertake the investigation, including the following steps:

• Reviewing any Agency specific policies and current legislation.

• Contacting all parties, including ensuring all other pathways have been addressed prior to commencing the investigation, including complaints to police where the complainant wishes to pursue this option; and offering options such as access to sexual assault counselling and support

• Preparing commencement letters for the respondent.

• Preparing investigation plans, including risk assessments.

• Preparing interview plans, including gathering all documentary evidence, including emails, file notes and agency policies.

• Carrying out sensitive and in-depth investigative interviews, which are all audio recorded, and keeping records of communication with all parties.

• Transcription of all interviews.

• Realistic and evidence-based analysis of facts and findings, that encompasses all current legislation and agency specific policy

• Preparing an Investigation Findings Report within specified timeframes that includes recommendations for further action in relation to the specific incident; and systemic changes or education activities that could improve responses to preventing and managing allegations of misconduct.

• Amending the Investigation Findings Report in response to any Agency feedback.