Could I get into trouble?
There are three kinds of trouble the investigation can lead to, and which you should try to avoid:
Committing improper conduct:
It is the aim of an investigation into improper conduct to determine whether improper conduct has occurred, and to gather any relevant evidence that it has occurred. If you have committed improper conduct, this may be revealed in both the internal and public report.
The reports and much of the evidence gathered by the Commissioner cannot be used in a court case against you. However, there is nothing to stop your employer or the police using the information discovered by the Commissioner’s investigation to gather evidence, and the evidence they gather can be used in court or disciplinary proceedings against you.
Attempting to obstruct or mislead the Commissioner:
Any attempt to obstruct the investigation or mislead the Commissioner can amount to an offence.
Committing an act of reprisal:
If you attempt to:
- deter someone from reporting improper conduct or cooperating with the investigation, or
- take action to get back at someone who reported or cooperated,
then you may be committing an act of reprisal.
If this reprisal causes the person harm, including psychological harm or negatively affecting their work or career, you can be charged with an offence. You can also be taken to court and ordered to pay back the cost of any harm you have caused. Costs for these sorts of harms may be substantial.