Factual Investigations, Newcastle and the Hunter
The facts of a claim, set down in writing.
Factual investigations for workers compensation, work injury damages and public liability claims. We interview the people involved, inspect the site, collect the documents and report what was said, seen and shown. The report offers no opinion on liability, capacity or medical questions.
The service
Interviews, inspection, documents, report.
A factual investigation establishes the available facts of a claim. It may involve interviews with the worker, the employer and witnesses, a physical inspection of the site, and the collection of the documents the scope calls for. It ends in a written report.
Factum Investigations is commissioned by insurers, claims agents and self-insurers, by employers through their insurer, and by solicitors. Referrals come by email. Scope and timing are agreed in writing before any contact is made.
What you receive
- Signed statements from each person interviewed, in their own words
- Site observations, with measurements and photographs where the scope calls for them
- A written report of what was said, seen and shown, with the documents and exhibits attached
What we take on
Workers compensation, work injury damages, public liability and CTP.
Workers compensation claims
For insurers, claims agents and self-insurers managing claims under the NSW workers compensation scheme. Commissioned where the circumstances of an injury are unclear or disputed, where a worker's status needs to be established, or where a third-party recovery is in prospect.
Work injury damages
Where common law liability may be indicated and a worker may seek work injury damages from the employer. We gather the evidence on how the injury occurred and report it in the same form. We do not assess impairment.
Public liability claims
Public liability claims are not regulated by SIRA. For general insurers we apply the claims investigation standards in the General Insurance Code of Practice, including its interview protections. The report is in the same form: statements, site observations, documents, and no opinion on liability.
CTP claims, where instructed
For CTP claims we work to Part 4 of SIRA's Motor Accident Guidelines, which require a licensed investigator under the Security Industry Act 1997 and set their own rules for interviews and surveillance. Factual investigations under those Guidelines do not provide an opinion on medical aspects of the claim.
We work to the purpose stated in the referral, which Standard of practice S24 expects the insurer to document.
How an engagement runs
From referral to signed statement to report.
Referral and scope
The referral comes by email and states the reason for the investigation, the parties, whether an interpreter is needed, the claim information we need, and the scope. We confirm scope and timing in writing and run a conflict check before any contact is made.
Written notice to the worker
Where a worker is asked to take part, the insurer gives the worker written notice of the purpose of the investigation and our contact details. The S24 benchmark is at least five working days before the interview. We do not approach the worker before that notice has been given.
Interviews and inspection
Each interview is planned not to exceed two hours, at a place the worker nominates. A support person, including a union representative, may be present, and an interpreter can be requested. Witnesses the worker identifies are included. We inspect the site and collect the documents the scope calls for.
Statements and report
Each statement is read back and signed. We return it promptly so the insurer can provide the worker's copy within 10 working days of the interview. The report follows by the date agreed at referral.
These are expectations SIRA sets for workers compensation insurers in Standard of practice S24. We structure our work so that insurers can meet them.
Psychological injury claims
Handled with the care SIRA asks of insurers.
SIRA asks insurers to give particular attention to Standards S24 and S25 in psychological injury claims, and to weigh the need for any investigation against the worker's recovery and return to work. We take particular care in these claims and plan each interview around the insurer's instructions on contact, timing and support.
Timing
Agreed at referral, recorded in the report.
No SIRA standard sets a report delivery deadline. Scope and timing are agreed with the instructing party at referral and confirmed in writing. The report records the date of each interview, each inspection and each document received.
The report
What the report contains, and what it leaves out.
Neither SIRA nor Standard S24 prescribes a report structure. This is ours.
Our report format
- Referral and scope
- Persons interviewed
- Chronology of events as described
- Signed statements, in the first person
- Documents and exhibits
- Site observations
- What could not be established
What the report leaves out
- Opinions on liability, recovery or any other aspect of the claim
- Opinions on medical questions or capacity
- Recommendations on liability or third-party recovery
- Conclusions about fraud or exaggeration. The report records what was said and what the documents show; the conclusion is the insurer's.
We write every report on the basis that the worker and their representatives may read it, because an insurer that relies on an investigator's report to dispute liability must give the worker a copy. Information collected is used for the referral it was collected for, and stored securely.
Lawful limits
What governs the work, and what we will not do.
Factual investigation in NSW is a licensed activity. We work within that framework, and within the expectations insurers must meet.
How the work is governed
- Factum Investigations is licensed under the Security Industry Act 1997 (NSW). NSW Master Licence 000111255.
- SIRA does not license or accredit investigators. Its Standards of practice set expectations for workers compensation insurers, and we structure our work so that insurers can meet them.
- Conducted within the Surveillance Devices Act, the Privacy Act and the licensing conditions that govern private investigation in NSW.
What we will not do
- Offer an opinion on liability, recovery, capacity or any medical aspect of a claim.
- Record conversations, make pretext calls or approach anyone under a false identity.
- Interview a worker before the insurer's written notice has been given, or at a place the worker has not nominated.
- Discuss a matter with anyone outside the engagement.
Related services
When another service fits better.
Surveillance
Where the question is what a worker is doing now, rather than what happened. Conducted only in or from public places, consistent with SIRA Standard of practice S25.
SurveillanceIncident & Workplace Investigations
Where an employer needs the circumstances of an incident, or the facts behind a management decision, established independently.
Incident and workplace investigationsWhere we work
Based in Newcastle. Interviews across four regions.
Factum Investigations is based in Newcastle and attends interviews and site inspections across the Hunter, the Central Coast, the Mid North Coast and New England, by appointment. Tell us the location at referral.
Common questions
Factual investigations, answered plainly.
Who instructs a factual investigation?
Does the worker have to take part?
How long is an interview, and where is it held?
Does the report say whether the claim should be accepted?
Ready to start