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Standard of Proof

In administrative law, the relevant standard of proof for determining whether or not an allegation is made out is the balance of probabilities also referred to as the civil standard of proof.

This means that the decision maker must be satisfied that it is more probable than not that the alleged events occurred. The level of satisfaction required by this standard of proof, while never reaching the criminal standard of proof, rises in accordance with the seriousness or importance of the issue to be determined (Briginshaw v Briginshaw [1938] 60 CLR 336).

Investigation Associates Australia
We provide investigation services in Australia to assist employers in dealing with allegations of misconduct, employee misconduct, employee grievances, employee complaints and workplace grievances. Our Investigators conduct factual investigations, collecting documentary evidence and other evidence in conjunction with corporate counsels and the staff of professional standards units. They use best practice methodology in accordance with administrative law, applying the relevant standard of proof, the balance of probabilities. A recommended finding is made as to whether the allegation is sustained or not sustained is provided. In the event that allegations are found to be vexatious or misconceived the client is advised accordingly.

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