The Search

Investigators 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.

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Videos in this series
1

Looking for Conduct

Fiona McKenzie asks Ron Gipp whether a criminal investigation process is different from a regulatory one. Then they talk about "fit and proper" concepts and how to gather evidence of a course of conduct.

2

What's your Search?

Fiona McKenzie asks Ron Gipp about different types of investigations, including criminal v regulatory investigations. Is this type of question capable of a definitive answer?

3

Recording the Search

Fiona McKenzie asks Ron Gipp what he thinks investigators should do to ensure they have good records. His answer is emphatic and specific…

4

Fitting in Facts

Ron Gipp tells Fiona McKenzie how he thinks an investigator should treat the legislative framework together with the facts. How do they fit together?

5

Ron's Search

Ron Gipp tells Fiona McKenzie about an investigation he conducted into collusion in the building industry. How they gathered evidence, and natural justice issues arising from their decisions, makes for an interesting discussion.

6

Unfair

Fiona McKenzie asks Ron Gipp about the natural justice implications of the "black list" in a case involving the Building Industry Taskforce in Victoria.

7

Risky Business

What are the common problems that investigators face? What risks should they avoid? Ron Gipp tells Fiona McKenzie his views.

8

Policy for the Quest

Ron Gipp explains to Fiona McKenzie his view about the importance of policy for an investigator, and what can go wrong when the policy is unlawful.

9

Excess

Ron Gipp explains some serious repercussions that can occur if evidence is unlawfully obtained. What are the consequences of excess?

10

Leading the way

Ron Gipp explains how (not) to ask a leading question when you are investigating something.

11

Search in Style

Ron Gipp gives his views to Fiona McKenzie on how different personal styles and approaches impact on the role of the investigator. What issues arise from such different approaches?

12

Focus

Fiona McKenzie asks Ron Gipp about things an investigator should focus on. Burden or onus of proof? He also talks about when a person should be cautioned…

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2 recent comments on “The Search

  1. 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

  2. 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.