Your rights

We are committed to ensuring our compliance activities are conducted in a lawful, ethical and professional manner.

• you have the right to obtain legal advice
• you have the right to be heard, but you do not have to answer questions unless you are given a notice requiring you to give information
• you have the right to be provided with a copy of any evidence to be relied on by the department in court proceedings.

After a field inspection the investigator may conduct other relevant inquiries before submitting a final report to a decision maker.

Engaging with an authorised officer

Authorised officers will identify themselves by displaying their identification card. They will:

• explain what is being investigated
• explain the process the investigation will follow
• act with professionalism and courtesy
• advise you of the outcome of the investigation once completed.

Read more about the activities and role of an authorised officer.

Recording conversations

Our policy is to record all conversations, either electronically or as a written summary, with a person who is the subject of an investigation. If you are the subject of an electronically recorded conversation, you may request a copy of the recording. A copy will be provided to you as soon as practicable.

Australian courts have an increasing expectation to be presented with electronic recordings of conversations between regulatory officers and the subjects of investigations, rather than relying on the recollections of the persons involved.

Conversations are recorded to:

• protect both the subject of the investigation and departmental officers
• ensures the process is transparent
• ensures an accurate record of conversations exists
• promotes courteous and respectful conduct by all parties.
• ensures the best available evidence is presented in court
• supports evidence-based decision making on compliance actions

The Invasion of Privacy Act 1971 authorises a person to record any conversation they are a party to.

Investigating officers will advise when a conversation is being electronically recorded unless there are exceptional circumstances that exist, for example where there are concerns regarding officer safety or where evidence would not otherwise be obtainable.