Proactive and reactive investigations
There are two types of discretionary investigations – proactive and reactive.
Proactive investigations
Proactive investigations are determined in advance by Comcare and are part of an annual investigation program. They include targeted investigations and review investigations.
Targeted investigations generally assess compliance with specific duties under the OHS Act or Regulations. Review investigations assess the effectiveness of agency actions in addressing recommendations of previous investigations.
While most proactive investigations are scheduled in advance, Comcare does have the power to conduct an investigation at any employer’s workplace at any time to ascertain whether the requirements of the OHS Act or regulations are being complied with, regarding a breach or possible breach of the OHS Act or regulations or concerning an accident or dangerous occurrence that has occurred.
Reactive investigations
Reactive investigations are most commonly initiated in response to an accident or dangerous occurrence.
The OHS Act requires employers to notify certain incidents to Comcare – specifically those related to a death, serious personal injury, incapacity or dangerous occurrence.
Notifications of an accident or dangerous occurrence are a key trigger for Comcare to commence an investigation. Comcare may clarify the circumstances of the incident by conducting further enquiries. These enquiries may be made by phone or in writing.
Investigation outcomes
An investigation may result in multiple outcomes. At the completion of an investigation a report will be issued to the employer involved. This report may make findings of compliance or non-compliance with the OHS Act.
Where the report makes a finding of non compliance there are several enforcement options available. For more information on enforcement options please see the OHS enforcement page.
