Managing and Reporting School Incidents (Including Emergencies)

Stage 4 – Investigation

Some incidents may trigger internal or external investigations, arising under legislation or government policy, for example by Victoria Police, the Environment Protection Authority Victoria, or other investigatory body.

The purpose of an investigation will vary according to the type of incident and typically involves the planned and systematic gathering and analysis of all relevant facts, including interviewing witnesses, examining documentation, skilled observation and obtaining expert opinion, where appropriate.

An investigation is usually different to an incident review, which does not require formal legislative, regulatory or policy power, but is undertaken for the purpose of either responding to a complaint or concern and/or determining whether an incident was managed appropriately to support continuous improvement. Refer to Stage 5 – Incident review and closure.

Where an incident necessitates multiple investigations, the department’s Security and Emergency Management Division may work with the school and relevant department business areas to coordinate or streamline investigation activities.

Where an incident is subject to a criminal investigation, the timing of any other relevant departmental investigation(s) will be subject to the advice of Victoria Police.

For WorkSafe notifiable incidents, the principal and/or their delegate must conduct a formal incident investigation within 24 hours of the notifiable incident, where possible, using the Hazard and incident investigation template (DOCX) or equivalent. Advice and support is available to undertake this process from the OHS Advisory Service, phone 1300 074 715 or email safety@education.vic.gov.au

For the investigation, the principal and/or their delegate may decide to convene an incident investigation team, comprising school leadership staff, the school’s health and safety representative, affected employee/s and other employees, depending on the nature of the incident. The OHS Advisory Service or the regional OHS service officer may also be able to assist, depending on the severity of the incident. The investigation should seek to identify the causes and any potential hazards and provide recommended control and preventative measures.

Overview of potential investigations

This section illustrates the various investigations, the level the investigation is conducted at and the area responsible for conducting the investigation.

Departmental level

• Complaints (including child safety) – Internal investigations are managed by Operations and Governance Division
• Employment related investigations (including misconduct and Reportable Conduct) – Employee Conduct Branch, People Division
• Corruption – Integrity, Assurance and Executive Services Division
• Legal or claims based – Legal Division
• Ministerial requested investigation – Legal Division
• Occupational Health and Safety – Employee Safety, Wellbeing and Inclusion Division
• Privacy breach – Privacy team, Integrity, Assurance and Executive Services Division
• Early Childhood Services – Quality Assessment and Regulation Division

External level

• Child Safe Standards – Commission for Children and Young People (CCYP), the Department of Families, Fairness and Housing (DFFH) and Victoria Police
• Reportable conduct – CCYP
• Mandatory reporting – DFFH
• Criminal – Victoria Police

Preliminary screening

A preliminary investigation screening should be undertaken within 2 working days of the incident being reported to determine the nature of the incident, in order to determine whether or not the incident may trigger an investigation, in addition to a school-based review. In very serious cases, the responsible person (being either the principal, region or central office) should use all reasonable efforts to undertake preliminary screening in well under the maximum of 2 days.

For incidents that are rated:

• High and Extreme – the region or central office will undertake the screening. In this case a principal may also choose to conduct a school-based inquiry
• Low and Medium – the principal must undertake the preliminary screening.

Where an incident involves an allegation of employee misconduct the preliminary screening will be conducted by the Manager, Employee Conduct Branch.