Preparation for Investigation

(source: Hunter & Central Coast Regional Environmental Management Strategy – Investigations guideline)

Enter report into system

Preliminary Review

Insufficient Information

Seek Additional Information

Identify Possible Breach

Insufficient evidence or no breach detected

Plan follow up action

Establish Jurisdiction - Council or other agency?

Refer to other agency

Council Responsibility

Plan investigation

Conduct investigation Gather and manage evidence (Evidence Gathering Guideline)

Prepare recommendations report

Make decision

Take action (Enforcement Options Guideline)

Review investigation

Close case

Feedback to complainant

1. Complaint received by Council gets recorded into the system.

2. Council Officer will review the nature of the complaint and consider what evidence or information it has.

3. If the information given thus far is insufficient Officer can go back to complainant and seek additional information.

4. With that information Council should be in a position to identify whether there has been a breach.

5. If there has been a breach: establish whether it's a matter for which the Council has jurisdiction (ie is it a piece of legislation for which the Council has the authority to enforce?).

6. If not: Council can refer that matter to another agency; such as Police, Fisheries, Transport NSW, EPA etc

7. If it is the Councils responsibility then Council needs to plan out the investigation. That will be through: gathering and collecting evidence through statements, observations, interviews, samples, items of interest.

8. The Council Officer should prepare a recommendations report which will:
* go through the history of the matter
* go through the investigations that have happened
* go through the evidence that the Council has and then provide a recommendation as to the future action to be taken

9. Once the Council has that evidence and is in a position that it thinks it can MAKE A DECISION

10. TAKE ACTION: Once a decision is made as to the action that should happen in respect of the breach the council can then decide as to what the appropriate action is: WARNING, CIVIL, CRIMINAL and then proceed from there => it is important to keep the complainant informed throughout the entire process to be able to explain why you have taken the course you've taken and to be able to justify it