Fair Work (Registered Organisations) Regulations 2009

In accordance with subsection 337CC(2) of the Act, this regulation prescribes procedures to be followed and other matters in relation to investigations under Division 3 of Part 4A of Chapter 11 of the Act (the investigation provisions).

On completing an investigation under the investigation provisions, the authorised official must, as soon as reasonably practicable and subject to subregulation (4), inform the discloser of the following:

that the authorised official has completed the investigation;

whichever of the following apply:

that the authorised official will be taking further action as a result of the investigation;

that the authorised official has recommended, or will be recommending, that a government authority take action as a result of the investigation, and the name of the authority;

that the authorised official will not be taking further action, and has not recommended, and will not be recommending, that any government authority take action, as a result of the investigation.

Each of the following is a government authority:

the Commonwealth, a State or a Territory;

an authority of the Commonwealth, a State or a Territory.

Subregulation (2) does not apply if contacting the discloser is not reasonably practicable.

On completing an investigation under the investigation provisions, the authorised official must prepare a report of the investigation.

The report must set out:

the matters considered in the course of the investigation; and

the duration of the investigation; and

the authorised official’s findings (if any); and

the action (if any) that has been, is being, or is recommended to be, taken; and

any claims made about, and any evidence of, detrimental action taken against the discloser, and any response to those claims and that evidence.

The authorised official must, within 30 days after preparing the report under subregulation (5), give a copy of the report to another person or body if the report sets out action that is recommended to be taken by the other person or body.

The authorised official may delete from a copy of the report given to a person or body under subregulation (7) any material:

that is likely to enable the identification of the discloser or another person; or

the inclusion of which would:

result in the copy being a document that is exempt for the purposes of Part IV of the Freedom of Information Act 1982; or

contravene a designated publication restriction.