maintaining the confidentiality of the identity of the discloser will be paramount when conducting the investigation; the investigation will be conducted in accordance with the principals of procedural fairness; a person who is the subject of the investigation will have an opportunity to respond or provide information; in the event that an interview is to be conducted it is conducted in a manner consistent with the PID Standard 2013; a decision whether evidence is sufficient to prove a fact will be determined on the balance of probabilities. Aside from compliance with these principles, the CEO is free to conduct the investigation as they see fit. The way in which the investigation is conducted may vary depending on the alleged conduct which is being investigated. In particular, in circumstances where the CEO considers that the nature of the disclosure is such that the outcome of the investigation is likely to be referral of the matter for investigation under another process or procedure, the investigation under these procedures may appropriately be conducted in a circumscribed way. Additional procedures required in particular circumstances If a disclosure relates to conduct that would require ARENA to take steps under ARENA's: Fraud Control and Reporting Instructions; Code of Conduct Policy; Work Health and Safety Policy; or any other of ARENA's policies or procedures, the processes set out in those procedures and policies must be complied with in the conduct of an investigation under these procedures. If the CEO considers that information disclosed in the course of a PID may be appropriately dealt with under another procedure or policy of ARENA, they may recommend in the investigation report that this occur and refer the matter to the relevant part of ARENA. For example, the CEO may refer the matter to [Audit & Fraud note: – please update for ARENA] for further investigation without breaching the confidentiality provisions of the PID Act. Obtaining information Instances of disclosable conduct may relate to information that is disclosed or information obtained in the course of the investigation rather than information provided in the initial disclosure. During the investigation, the CEO may, for the purposes of the investigation, obtain information from such persons and make such inquiries as the CEO sees fit. When being interviewed as part of an investigation, an interviewee will be informed of the following: the identity and function of each individual conducting the interview; the process of conducting an investigation; the authority of the CEO under the PID Act to conduct the investigation; and
maintaining the confidentiality of the identity of the discloser will be paramount when conducting the investigation; the investigation will be conducted in accordance with the principals of procedural fairness; a person who is the subject of the investigation will have an opportunity to respond or provide information; in the event that an interview is to be conducted it is conducted in a manner consistent with the PID Standard 2013; a decision whether evidence is sufficient to prove a fact will be determined on the balance of probabilities. Aside from compliance with these principles, the CEO is free to conduct the investigation as they see fit. The way in which the investigation is conducted may vary depending on the alleged conduct which is being investigated. In particular, in circumstances where the CEO considers that the nature of the disclosure is such that the outcome of the investigation is likely to be referral of the matter for investigation under another process or procedure, the investigation under these procedures may appropriately be conducted in a circumscribed way. Additional procedures required in particular circumstances If a disclosure relates to conduct that would require ARENA to take steps under ARENA's: Fraud Control and Reporting Instructions; Code of Conduct Policy; Work Health and Safety Policy; or any other of ARENA's policies or procedures, the processes set out in those procedures and policies must be complied with in the conduct of an investigation under these procedures. If the CEO considers that information disclosed in the course of a PID may be appropriately dealt with under another procedure or policy of ARENA, they may recommend in the investigation report that this occur and refer the matter to the relevant part of ARENA. For example, the CEO may refer the matter to [Audit & Fraud – note: please update for ARENA] for further investigation without breaching the confidentiality provisions of the PID Act. Obtaining information Instances of disclosable conduct may relate to information that is disclosed or information obtained in the course of the investigation rather than information provided in the initial disclosure. During the investigation, the CEO may, for the purposes of the investigation, obtain information from such persons and make such inquiries as the CEO sees fit. When being interviewed as part of an investigation, an interviewee will be informed of the following: the identity and function of each individual conducting the interview; the process of conducting an investigation; the authority of the CEO under the PID Act to conduct the investigation; and
ARENA-Public-Interest-Disclosure-Procedure.docx