Guidance · Reviewed 28 July 2026

Independent or Internal Investigation?

Use the least complex process that can still be trusted.

Internal investigation can be efficient and proportionate. External independence becomes valuable when relationships, capability, sensitivity, seniority, or likely scrutiny could undermine confidence in an internal process.

The right choice depends on risk, not appearance.

An internal process may fit when

  • The issue is contained and relatively low risk
  • A capable investigator is genuinely independent of the events
  • Policies and evidence are straightforward
  • The organisation can manage time, records, communication, and fairness
  • External credibility is not a material decision need

An external process may fit when

  • Senior leaders, HR, legal, safety, or investigators are involved
  • Actual or apparent bias is difficult to manage internally
  • The allegations are serious, sensitive, or technically complex
  • Internal capability or capacity is limited
  • Regulatory, tribunal, insurer, board, or litigation scrutiny is foreseeable

Four tests before commissioning the work.

Independence

Would a reasonable participant question the investigator’s relationship to the people, issues, or preferred outcome?

Capability

Does the investigator have the interviewing, evidence, subject-matter, reporting, and process skills this matter requires?

Control

Can the organisation preserve evidence, protect welfare, maintain scope, and keep investigation separate from decision-making?

Scrutiny

Who may later examine the process, and what evidence of fairness, reasoning, and independence will they need?

A mixed model can preserve both knowledge and independence.

Keep responsibilities explicit
  • ClientAuthority, welfare, records, and decisions
  • AdviserLegal and industrial-relations advice
  • InvestigatorEvidence, fairness, analysis, and report
  • Decision makerOutcome and organisational action

The Fair Work Commission says an organisation should consider an external party when it cannot investigate or when doing so internally would be inappropriate. It also distinguishes impartial investigation from organisational decision-making. See the FWC internal-investigation guidance.

Unsure whether independence is necessary?

A short first call can test fit, conflicts, urgency, and scope without committing to an external investigation.

This guide is not legal or industrial-relations advice. Tasmanian inquiry-agent licence number: TBA.