Free employer toolkit
Internal vs external investigation decision sheet
A printable sheet to help you decide, and record why, whether a workplace complaint should be investigated internally, internally with external guidance, or by an external investigator. It uses the same five questions as our online self-check.
General information, not legal advice. Free to use and adapt for your organisation, no sign-up needed. Check it against your own policies, award or enterprise agreement and contracts, and speak with a lawyer about your situation.
The matter
Five questions
| No. | Question | Yes | No |
|---|---|---|---|
| 1 | Could the outcome include dismissal or a serious warning? | ||
| 2 | Does anyone who would investigate report to, work closely with, or have a personal connection to the people involved? | ||
| 3 | Does the matter involve sexual harassment, violence, fraud or a whistleblower report? | ||
| 4 | Do you have someone trained in investigations who can give it the time it needs? | ||
| 5 | Would you be comfortable defending this process before the Fair Work Commission or a court? |
Decision rule: if the answer to any of questions 1 to 3 is yes, or to question 4 or 5 is no, an external investigator is worth considering.
Six factors to weigh
| Factor | Points to internal | Points to external |
|---|---|---|
| Independence | The investigator has no reporting line to, close working relationship with, or personal connection to anyone involved. | Risk of actual or perceived bias if handled internally. |
| Expertise | Someone experienced and trained in workplace investigations is available. | No one internal has investigation training or experience. |
| Capacity | The investigator has significant time available alongside their usual role. | Investigations are time-intensive and no one can give it the time. |
| Community | The people involved are not closely connected outside work. | Regional towns or remote sites where people know each other outside work. |
| Seriousness | Low-level, straightforward matters, or informal resolution. | Serious allegations, possible dismissal, senior respondents, multiple complainants, whistleblower reports. |
| Defensibility | Low risk of the decision being challenged. | Findings may be tested if a decision is challenged. |
Decision
- Internal investigation
- Internal investigation with external guidance on the allegations, process and report
- External investigator
- Another proportionate response (for example informal resolution), because:
The right response should be proportionate to the seriousness of the allegations. If a matter turns out to be more serious than it first looked, revisit this sheet. See ways to engage us or book a free scoping call.
BION Partners · www.bionpartners.com/toolkit/internal-vs-external-decision-sheet · General information, not legal advice. Checked 26 October 2026. Laws and guidance change; check the sources before relying on it.
Sources
- Queensland Public Sector Commission: Managing workplace investigations, a practical guide (2024)
- Fair Work Act 2009 (Cth) s 387 (AustLII)
- Hatch v WesTrac Pty Ltd [2020] FWC 5729
Checked 26 October 2026. Laws and guidance change; check the source before relying on it.
