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Thematic Issue: Conceptions of Ownership / General

Unsystematic and Unsettled: A Map of the Legal Dimensions of Workplace Investigations in Australia


Adriana Orifici

Investigations conducted by employers into allegations of employee misconduct can raise complex questions about the legal rights and obligations of the organisations and employees involved, though there has been limited scholarly attention given to this management practice. This article sets out the first detailed examination of key intersections between workplace investigations and Australian law. It shows that, while there is no legislation specifically directed at regulating workplace investigations in Australia, these processes take place within an intricate framework of regulation. It also reveals that the law intersecting with these workplace investigations is often complex, fragmented and unsettled. The article considers the practical implications of this unsystematic regulatory framework and suggests reform is required in at least one key area, being private security law.

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(2019) 42(3) UNSWLJ 1075: