An investigation is a fact finding process. It requires an Investigator/reviewer to search for, gather and examine information to establish the facts of the allegation, issue or complaint. The circumstances that surround each alleged incident or complaint make all investigations unique, however, despite variables such as location, the people involved and complexity of each case, all investigations do have similarities. This means that the basic framework for conducting any investigation should be the same. There are two types of investigations, administrative and criminal.

The two are different in that an administrative investigation can be conducted by a delegated authority and is usually employment based i.e.: an employer seeking explanation from an employee. A criminal investigation is conducted by a member of a law enforcement agency and considers breaches of the Criminal code and associated legislation and laws.

An investigation is a fact finding process. It requires an Investigator/reviewer to search for, gather and examine information to establish the facts of the allegation, issue or complaint.

Administrative is based on the balance of probabilities. An example of the 'balance of probabilities' is the 'Boy Who Cried Wolf'. The town's folk had heard the boy cry 'Wolf' so many times without the wolf appearing, the balance of probabilities were if the boy cried 'Wolf' again, there would be no wolf.

Criminal is based on the burden of proof. Using the same scenario, the town's folk would have required 'proof' beyond reasonable doubt that the wolf was present. They would not have come to the boy's assistance on his cry alone. E.g.: a photograph taken with the wolf, with the boy holding a current newspaper showing the date, plus a DNA report on wolf hair. In criminal cases, allegations against a Respondent must be proved beyond reasonable doubt. When dealing administrative investigations the civil standard of proof applies - which is lower than that required in criminal matters.

The test becomes a question as to whether or not, 'on balance', a reasonable person would conclude that based on the evidence presented the Respondent did commit a breach. The more serious the consequences of an adverse finding, the more onerous must be the standard of proof.' Briginshaw Standard Within Australian in order to conduct Administrative Investigations, an investigator needs to hold an Investigator's license as provided by the Police and Licensing Services of that State. This license is provided in accordance with the Security and other Related Activities Act. If an investigator wishes to work for themselves they must also hold an Inquiry Agent's License. This license is obtained after providing assorted documentation to the Licensing Centre including a business plan, financial statements and successfully sitting an examination. As an Agent, the Investigator must adhere to the Act and uphold the Code of Conduct. An investigator working for an Agent also has obligations under the Act with regards to documentation, breaches and notifications. Ignorance is not an excuse, so review and study of this legislation is a necessity.

Administrative Investigations usually revolve around the alleged breach of a policy, process or procedure. To substantiate any allegation, an instrument needs to have been breached or violated. For example, if an allegation states that an employee has acted inappropriately, the breached instrument needs to be identified, such as the Code of Conduct. I.e.: It is alleged that the staff member has acted inappropriately in disrespecting a superior which is a breach as laid out in the code of conduct.

One of the main elements of any investigation is the adherence to Procedural Fairness. This term is used often but few people understand its application and true meaning. What is procedural fairness? Procedural fairness is the procedures used by the investigator rather than the actual outcome reached. Also known as Natural Justice, the principles have been developed to ensure decision-making is fair and reasonable. Natural justice is designed to ensure that people are informed about the case against them or their interests and given the right to respond, as soon as practicable. In Australia, an investigator must be licensed, adhere to the Act and Code of Conduct and ensure they follow procedural fairness when conducting investigations.