Terms of reference set the scope, the allegations, the deliverables and the timeframe for a workplace investigation. Clear terms of reference stop an investigation drifting, make sure everyone knows what is being investigated, and give the investigator a clear authority to act. Print this template and fill in the blanks, or use it as a structure for your own document.

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.

1. Details

Organisation

Commissioned by (role)

Investigator

Date issued

Reference number

2. Background

A short, neutral summary of how the matter arose. State facts, not conclusions.

Background

3. Purpose

The investigator is engaged to investigate the allegations below and to make findings of fact about whether each allegation is substantiated.

Optional: also ask whether any substantiated conduct is inconsistent with a named policy or standard. The investigator does not decide disciplinary outcomes; the decision-maker named in section 10 does.

Policies or standards relevant to the findings

4. Allegations

Each allegation should be specific enough that the respondent knows what is alleged: what, when, where and who. Use one row per allegation.

No.	What is alleged	When	Where	Against whom
1
2
3
4

5. Scope and exclusions

In scope

Out of scope (for example matters already decided, or for another process)

6. People involved

Use roles or initials in shared copies to limit the spread of personal information.

Complainant(s)

Respondent(s)

Proposed witnesses (the investigator may identify others)

7. Process

The respondent will be told the substance of each allegation and the relevant evidence, and given a genuine opportunity to respond before any finding is made.
Interviews will be held (in person / by video call).
Participants may bring a support person; a support person is not an advocate.
Interpreter needs:
Participants will be directed to keep the matter confidential, and told the limits of confidentiality.
Any process required by the award, enterprise agreement, policy or contract has been identified:
Interview records and evidence will be stored securely and only shared with:

8. Documents the organisation will provide

Documents and records

9. Standard of proof

Findings will be made on the balance of probabilities: whether it is more likely than not that the conduct occurred. The more serious the allegation, the stronger the evidence needed to be reasonably satisfied (the Briginshaw principle).

10. Report, decision-maker and timeframe

Report format and contents

Report to be given to (decision-maker)

Target date for the report

Key milestones

Organisation contact for the investigator

Any change to these terms of reference, including new allegations, will be agreed in writing, and the respondent will be told about any new allegation and given an opportunity to respond to it.

11. Approval

Approved by (name and role)

Signature and date

Accepted by investigator: signature and date

BION Partners · www.bionpartners.com/toolkit/terms-of-reference-template · General information, not legal advice. Checked 26 October 2026. Laws and guidance change; check the sources before relying on it.

Sources

Checked 26 October 2026. Laws and guidance change; check the source before relying on it.

Workplace investigation terms of reference template