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Watch a free videoInvestigators embark on a search for evidence of compliance, misconduct, or breaches of the law. Whether they investigate under a common law or legislative framework, they need to know what they are doing. What are some of the things they can get wrong? And what are the ramifications of making mistakes in this mine field?
This engaging series of 12 videos (with quizzes to match) is full of real-life “war stories” and amusing anecdotes, told with the style of a true raconteur with experience and knowledge that is hard to beat: Ron Gipp. Each story, while interesting, sad, tragic or downright funny, comes with a serious message and practical suggestions for implementation of the right way to go about things.
re Episode 12 Series 1
in a Regulatory matter whilst you can covertly record an interview, by doing so haven’t you breached procedural fairness by not informing them of their right not to not consent to an interview??
Grahame.Moir@dhhs.vic.gov.au
Not necessarily. First of all, they might not have a ‘right’ not to consent to a recording of an interview, if you have a right to record the interview. (The right to not consent to an interview is a different right – and criminal and civil proceedings are different here, as discussed in the video.)
Whether recording the interview is a breach of procedural fairness will depend on all the circumstances. You might record an interview but never use it – and that does not make any decision made later an unfair decision. Ultimately it may depend on how you might want to use the recording in the making of any relevant decision.