Investigation Law Report: Procedures, Security, and Investigation

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This report delves into various aspects of investigation law, encompassing the handling of sensitive information, workplace safety protocols, and the planning and execution of investigations. It outlines criteria for classifying information, procedures for document handling, and the secure storage of sensitive materials. The report also addresses workplace safety, detailing relevant OH&S legislation, risk management steps, and consultation considerations. Furthermore, it examines the burden of proof in civil and criminal matters, methods for maintaining the chain of custody for evidence, and strategies for protecting integrity during evidence collection. The report further explores investigation planning, including non-compliance determination, investigation methods, and required background information. It concludes with a discussion on personnel security, defining security clearances, and outlining supporting documentation requirements. This report provides a comprehensive overview of key legal and procedural elements critical to conducting effective investigations.
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Investigation Law
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Table of Contents
INTRODUCTION...........................................................................................................................5
HANDLE SENSITIVE INFORMATION.......................................................................................5
ACTIVITY 1....................................................................................................................................5
1. what criteria should be used to determine whether an item of information should be
classified......................................................................................................................................5
2. Describe the steps that need to be performed from the time that an item of non-national
security information is collected/created....................................................................................6
3. Describe how these documents should be marked - describe the different markings used for
this information...........................................................................................................................6
4. How should these documents be stored?................................................................................6
5. Is security classified information allowed to be copied? .......................................................7
ASSESSMENT-1 ACTIVITY 2......................................................................................................7
1. Describe the procedure involved in the manual transmission of the document to another
staff member................................................................................................................................7
2. Describe the procedure involved in the electronic transmission of the document to another
staff member................................................................................................................................7
3. Describe the minimum requirements for physical storage of the document...........................7
4. You propose to conduct a staff meeting to discuss this particular document. Describe how
this should be done and what restrictions are present.................................................................8
MAINTAIN WORKPLACE SAFETY...........................................................................................8
1.what are the relevant provisions of OH&S legislation and code of practice that you would
need to explain to your designated work group?........................................................................8
2.What are the key considerations when presenting information to the work group on OH&S
issues?.........................................................................................................................................8
3.What are the key steps in managing the implementation of risk control procedures in the
workplace?..................................................................................................................................8
4.What are the important considerations when consulting on OH&S issues?............................8
EVALUATION QUESTION 1........................................................................................................9
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1. What is the burden of proof for civil matters?........................................................................9
2. What is the burden of proof for criminal matters?..................................................................9
3. Describe the methods that you use to prove the chain of custody for an exhibit?..................9
4. Describe how you can protect your integrity when gathering money and other valuables to
avoid allegations of impropriety?..............................................................................................10
EVALUATION QUESTION 2......................................................................................................10
1. How would you monitor and review the process of evidence collection to address gaps and
inadequacies and protect its evidential integrity?.....................................................................10
2. Describe how you would maintain continuity, security and integrity of exhibits?...............10
RESEARCH PROJECT.................................................................................................................10
1. Research project What are likely anticipated defences to:....................................................10
PLAN AND INITIATE INVESTIGATION.................................................................................11
EVALUATION QUESTION 1......................................................................................................11
Provide a definition of non-compliance in simple English and list three factors or tools used to
determine if non-compliance exists?.........................................................................................11
Discuss what methods are utilised to plan an investigation?....................................................11
When conducting an investigation what is the recognised starting point?...............................12
EVALUATION QUESTIONS......................................................................................................12
1. What background information do you require?....................................................................12
2. Who would be your first point of contact, and how would you determine full particulars of
the allegation?...........................................................................................................................12
3. What would be your investigation plan?...............................................................................12
CONDUCT PERSONNEL SECURITY ......................................................................................13
1. Explain the term Baseline Security Clearance?....................................................................13
2. Explain the term A Negative Vetting 1 (NV1) Security Clearance? will allow the holder to
access classified information and resources that are classified up to and including SECRET. 13
3. How many years background information is required to be supplied for an NV1 Security
Clearance?.................................................................................................................................13
4. List six supporting documents that may be required for an initial or upgrade security
assessment?...............................................................................................................................14
ACTIVITY 2..................................................................................................................................14
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What must the assessing officer be confident of when recommending against a clearance
subject.......................................................................................................................................14
Explain the term “Procedural Fairness” as it applies to vetting?..............................................14
What is an "Originator".............................................................................................................14
In what situations would a vetting agency not recognise a clearance from another agency.....14
CONCLUSION..............................................................................................................................15
REFERENCES..............................................................................................................................16
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INTRODUCTION
Investigation is regarded as the action of investigating something or about someone. It is
basically the systematic and formal examination of the research. There are legislations and
policies which are enacted in order to regulate the procedure and form of investigation so that it
can be done in an efficient and systematic manner. In order to conduct the formal inquiry or the
systematic study of the crime or civil matter in order to bring out the actual result of it ((Pu and
et. al., 2017). This report shall deal with different assessment task which relates to handling
sensitive information, maintaining workplace safety, planning and initiating and conducting
investigation and conducting personnel security assessment.
HANDLE SENSITIVE INFORMATION
ACTIVITY 1
1. what criteria should be used to determine whether an item of information should be classified.
For framing all the classified information in the item their has to be made for the
individual to gain all the national security eligibility through which all the information should be
given and the data classification must have to be maintained through varies levels like the
confidential, security and unclassified matter. In order to maintain the classified information their
has been made the confidentiality, integrity and also the availability.
Through confidentiality the information limits to the authorised person and the access is
being made.
Integrity involves all the assurance of that information that helps in creating, amending
and also in deleting all the intended authorised information through the correct and valid
manner.
All the availability of the information means the allowing or granting permission to the
person in order to access all the information for the authorises purpose in the mean time.
2. Describe the steps that need to be performed from the time that an item of non-national
security information is collected/created.
In order to maintain all the non-national security information that has been made and
collected the recourse can be done through the intelligence cycle in which their implies a method
which is as follows:
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Planning and requirements- through this method all the data, translating requirements and
all the collection of data is being disseminated ad their has been made all the specific data
collection capabilities to avail al the collection.
Collection- it covers out all the important information which is being transferred and
made in order to make the identified intelligence and there is being framed that it depends
on the rapid reductant, all the reliable communication and the cross-cueing assets.
Analysis and processing- when the data is being collected it will then turn out in the
essential information that means all the translation and the reduction will there by be
made.
Production- this implies all the evaluating, analysing and interpretation the important
information by interlayering the raw material process areas and furnish the application
through it.
Disseminating- In this method all the intelligence for the consumer will be converted in
the usable form and make the verbal reports and all the written reports with their various
data bases (Perambadur and et. al., 2020).
3. Describe how these documents should be marked - describe the different markings used for
this information.
In order to maintain the relevant information the various methods through which the
documents can there by be marked is through Banner line as in order to frame all the classified
information the the Banner marking is being maintained and all the instructions to be made with
the classified document and through all the regions of relevant and the important informative
areas.
4. How should these documents be stored?
All the classified and the non-national security information is their by be stored in the
secure rooms and also in the GSA approved storage which has the container and through all the
cabinet vaults. This information is being stored in the classified information system and in the
general services administer container which maintains the security to frame authorised
technologies.
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5. Is security classified information allowed to be copied?
While all the information is classified then it will be allowed to copied only after the
proper authentication that is being made and analysed in various form through the confidential
and the authentic manner which helps in maintaining the information in framing areas,
ASSESSMENT-1 ACTIVITY 2
1. Describe the procedure involved in the manual transmission of the document to another staff
member.
The person who is authorised to handle the document has to take the reasonable care to
handle those documents. The documents must be transmitted to the concerned or authorised
person only personally with a seal on it in order to maintain confidentiality.
2. Describe the procedure involved in the electronic transmission of the document to another
staff member.
While any document is transmitted in an electronic mode, the transmission must be done
from the verified account only so that there is no breach of privacy. Any personal information if
it is embodied in the document must not be transmitted without the consent of the concerned
person. There must be authorised messenger to transmit any data to any person.
3. Describe the minimum requirements for physical storage of the document.
The data stored must be protected from unauthorised access. While physically storing any
document it must be stored in the conditions which satisfies the state records commission record
while keeping the requirements for the organisations. The minimum requirements are-
It must be stored at appropriate storages.
Document must be stored in the environmental conditions which are appropriate to their
format and the retention period.
Records of the document must be controlled in the system in order to make them easily
identifiable, located and retrieved
Document must be protected against the misuse, theft, modification and unauthorised
access (Policard and Carrera, 2018).
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4. You propose to conduct a staff meeting to discuss this particular document. Describe how this
should be done and what restrictions are present.
Whenever any discussion takes place for a particular document, the personal information,
if stored must not be discussed unless and until there is consent of the authorised person. The
document must be discussed only when it is necessary for the department to discuss other it can
result in breach of privacy.
MAINTAIN WORKPLACE SAFETY
1.what are the relevant provisions of OH&S legislation and code of practice that you would need
to explain to your designated work group?
There are three relevant provisions which are needed to be explained to work group.
They are responsible for their own safety and health and of others by taking reasonable care .
The works must comply with all the workplace policy, procedure and instructions.
2.What are the key considerations when presenting information to the work group on OH&S
issues?
Perform their duty effectively
Adhere to all the rules and regulations of O&HS
formulate effective measure soi that the risk could be eliminated.
Updating policies and procedure keeping in view with changing environment (Lim, Lee
and Kim, 2017).
3.What are the key steps in managing the implementation of risk control procedures in the
workplace?
There are four steps which needs to be followed. They are:
identify the hazard which can be harmful.
The risks are to be assessed by understanding its nature.
Implement the control measure that will be effective for such risk.
Review to ensure that the effective measure to control risk are working as planned.
4.What are the important considerations when consulting on OH&S issues?
The important considerations are as follows:
The employer must introduce all the measure that could affect the safety or health of the
employee working at workplace.
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Provide training to the employees to understand the compliance of OH&S laws.
Employer must tell the employees the measure to certain important risks through which
they can escape and save themselves.
With the help of new technologies, let workers know of the consequences of health and
safety (Zhang and et. al., 2017).
EVALUATION QUESTION 1
1. What is the burden of proof for civil matters?
In all the civil cases all the burden of proof lies on the plaintiff and their has been
analysed that the preponderance of the evidence is the main factor of record which applies to all
the area. It covers out all the burden of proof analysis through which the preponderance means
that all the party when there by convinces that the facts and the finder in the project has attained
approximately half of the chances to make that the claim is true then such situation being lied on
it. Such matters imply that all the plaintiff will have to proof that the record and the evidence
through which the work is being made can be counted it it and has been carried away.
2. What is the burden of proof for criminal matters?
In all the criminal matters the burden of proof will lie on the defendant that they will have
to proof their innocence and their has been made all the legal burdens which creates out all the
presumptions through their means. The prosecution will normally have to cover out all the
important matters and beyond the reasonable doubt is the main factor in it that covers all the
offences and the doubts on the defendant on being guilty (Ayalew, 2020).
3. Describe the methods that you use to prove the chain of custody for an exhibit?
The chain of custody COC is mainly the series or the record through which all the
evidence will there by being used and marked as an important factor. It covers a method in which
all the control, transfer and the analysis of the data of information s being maintained and their
implies that all the physical and the electronic evidence is being concerned. There has been made
that all the chain of custody had described the evidence through which the methods and the series
through which all the evidence are being recorded is maintained.
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4. Describe how you can protect your integrity when gathering money and other valuables to
avoid allegations of impropriety?
In order to maintain the integrity and all the valuables through avoiding the allegations
can be maintained by the series of necromancer and with that their can be made an honest and
the clear opinion regarding the working and that can be protected through the working and
maintaining all the records of that money and aligning them with proper documentarian in their
work which is being framed through the methods to control the evidential requirements. Their
has been made the implication of money to be utilised in the proper manner (Cho and et. al.,
2019).
EVALUATION QUESTION 2
1. How would you monitor and review the process of evidence collection to address gaps and
inadequacies and protect its evidential integrity?
In order to monitor all the inadequacies their has been made various dimensions and the
conduction of all the secondary nature through the process of maintaining the idea behind all
such work. In order to retain all the important and the recoverable data to identify through the
process and the method which help out to frame the work in which such condition can be
objected out. All the method of evidence and the review can be clarified through the nature and
meaning of work led out in the collection of the significant medium and record.
2. Describe how you would maintain continuity, security and integrity of exhibits?
As to maintain all the exhibition of data with that all the continuity can be framed out
through varies matters like the working in all the areas and the nature which recourse and makes
out the litigation through investigating methods. in order to secure it all the data and the personal
records through the company is there by be maintained and that implicates the ways and the
challenges in working on through the eradication in the working environment (Gao and et. al.,
2019).
RESEARCH PROJECT
1. Research project What are likely anticipated defences to:
a) stealing / theft- To get protection from the theft there will be likely to make that the person
has mistake in an intoxication or was indulge in an entrapment there by it sentence out to frame
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all the right way and the right time through which the records being given are anticipated as
under it.
b) trespass- the defences that are lied with the trespass are the license which implicates the
methods and the ways through which the justification on the law and also the possessor on the
land with their major and utter advancement that the permission has been taken from that person
and the valid agreement were taken in records are being concerned.
c) assault- All the major defence a person can take in the assault is likely to be the innocence, a
self defence that, earns that all the actions are being taken in order to make the protection to all
the person, insanity and varies constitutional violations. Through which all the assaults are being
taken in the violations of the performance through the work.
d) use of force- The main aim in all such defences are ascertained as by the method through
which the work can be anticipated and the equality with the private defence can be opt to make
all the reasons and the area of the work which implies to make the areas (Gascho, 2020).
PLAN AND INITIATE INVESTIGATION
EVALUATION QUESTION 1
Provide a definition of non-compliance in simple English and list three factors or tools used to
determine if non-compliance exists?
Non compliance is the failure or refusal to comply with anything. It is a situation when
someone do not conform or follow the rules, advice or regulations of other person. The factors
which can lead to non compliance includes the following- Inability- whenever any person is unable to perform any act, it is its inability to comply
with the set standards in order to perform its task appropriately. Inadequate information- whenever there is any incomplete information or data with the
person, it is unable to comply with its plan which leads to non compliance.
Review facility- whenever there is a review system in order to detect whether the actual
performance is going as per the plan, then review can help in determining the non
compliance.
Discuss what methods are utilised to plan an investigation?
Different methods to plan an investigation are discussed below- Descriptive- It involves describing the parts of investigation and the theme.
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comparative- in this, the investigator collects information from different people and then
compare their results or findings in order to bring the amicable solution (Godin and et.
al., 2017).
When conducting an investigation what is the recognised starting point?
When an investigation is conducted, the starting point of it is to take the immediate action
by making the safe area, preserving the scene and also notifying all the relevant parties. The
investigation generally starts with collecting the evidence from sources like CCTV, samples, etc.
Thereafter the plan is made for conducting the investigation so that complete and systematic
investigation can be ensured.
EVALUATION QUESTIONS
Scenario: A complaint is received that Montecito hotel and casino has allegedly breaches many
sections of health code and an investigator is appointed to determine whether non compliance
has taken place or not.
1. What background information do you require?
As an investigator, it is important to firstly require the policies of the hotel so that the
investigator can know whether its policies ensures any compliance with health related sections.
Secondly, the investigator conduct the inspection of the hotel in order to practically collect the
information relating to opinion of staff members as to whether the com0plainec is taking place or
not (Lee, Abdel-Aty and Park, 2018).
2. Who would be your first point of contact, and how would you determine full particulars of the
allegation?
Firstly, the investigator must visit the hotel and oversee its activities. Then it must make
conversations with guests and employees who can give actual information about the health
related protocols of hotel. In order to determine the allegation of hotel, the investigator must
schedule regular compliance checks and oversee the activities of hotels so that non compliance
can be detected. The inquiry must also be conducted with the management so that the allegation
can be proved (Wang and et. al., 2017).
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3. What would be your investigation plan?
An investigation plan is the document which illustrates the goals of investigation, its
limitation and what evidence is required to reach that particular goals. The investigation plan for
this scenario shall include the following steps-
Collecting relevant information required o conduct the investigation.
Conducting interrogation with relevant parties.
Collecting evidence for more proof.
Examining the evidence
Maintaining records of the information and evidence.
Bringing action for the non compliance (Liu, Lu and Su, 2020).
CONDUCT PERSONNEL SECURITY
ASSESSMENT ACTIVITY 1
1. Explain the term Baseline Security Clearance?
The security clearance is the status given to the individual who has been vetted and
checked for eligibility in order to deals and access with the security classified information. This
gives the access to certain level of information which means the higher level of clearance, the
access to more sensitivity of information is given.
For the baseline security clearance, the government of Australia security vetting agency
has to check the background and the personal history for last 5 years. Moreover, this period is
longer for the higher level of security clearance and the individual has to the citizen of Australia
to get eligible for the security clearance (Volmar and Helmdach, 2018).
2. Explain the term A Negative Vetting 1 (NV1) Security Clearance? will allow the holder to
access classified information and resources that are classified up to and including
SECRET.
A Negative Vetting 1 (NV1) Security Clearance is the suitability assessment which
permits the ongoing access to the protected, restricted, confidential, high protected and secret
information and the assets. This suitability includes the baseline plus additional suitability
checks. It takes about 70 days as benchmark to get the security clearance (Nazari and et. al.,
2019).
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3. How many years background information is required to be supplied for an NV1 Security
Clearance?
\ The NV 1 security clearance requires an applicant to provide at least 10 years of the
background information. The NV 1 engineer is also allowed to access the classified resources
and information which are classified till and includes the SECRET.
4. List six supporting documents that may be required for an initial or upgrade security
assessment?
The identity proof.
Photograph.
Previous work experience.
Current work status.
ACTIVITY 2
What must the assessing officer be confident of when recommending against a clearance subject
The assessing officer will have to check all the important requirements liker that all the
matters which are being taken by them like as in clearance subject they will check the citizenship
of the person, will clarify ball the public policy which are taken in the approval or that their
should not be anything framed against the public policy, all the clearance subject should not be
against the law and lastly that the person who is being entitled in it should not be of unsound
mind. (Nguyen and et. al., 2020).
Explain the term “Procedural Fairness” as it applies to vetting?
As in order to attain the vetting process it covers that when any individual is being joined
in the vetting process then they will be treated fairly and there are certain process like by
analysing all the procedural methods of the security. The public and the process method through
which the method with the general terms and condition being carried away that implicates that
all the fairness like the equal treatment and all the concerned participation is maintained in it.
What is an "Originator"
Originator are the person who use to borrow and evaluate all the loans which helps the to
ensure all the funds and the records that are being needed by them. In order to attain all the
lender programs there has been made that all the originator will have to match the borrower
situation and these originators keep check in all the areas through which they, maintain the loan
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and the services that are being provided too all the person for refraining all the benefits (Nyaaba,
Frimpong and Anani, 2019).non-national security information i
In what situations would a vetting agency not recognise a clearance from another agency
As it is important that all the conditions of the security agency will have to be fulfilled in
it like there are certain cases in which the vetting agency will not recognise the clearnce from
any other agency they are as follow:
If they do not fill tnon-national security information ihe financial obligations.
If there is any unlawful activity is being taken place.
The person is being involved in any unethical practises like the drugs or any other areas.
If there is violation of law.(Sheikholeslami and et. al., 2018).
CONCLUSION
From this above report it is concluded that investigation law implies to collect and
investigate all the important and the confidential information. The data that has been maintained
and collected should be securely deposited and their has been given that varies areas and the
nature in which the working of the company has to have generalise. Their are various methods
which involves the working and the defences of theft, assault and forces with that all the nature
and then idea through which the working can be maintained are covered as under. The
procedural fairness is maintained and has been attained to check all the clarity and the general
order to make it easy. Furthermore, the originator, procedural fairness and all the other important
elements helps out to maintain the growth of all the company and their deliberating area.
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REFERENCES
Books and Journals
Ayalew, N.A., 2020. Special Investigative Techniques For Human Trafficking Investigation In
Ethiopia. International Journal of Social Sciences and Economic Review. pp.14-23.
Cho and et. al., 2019. Empirical Investigation of Sport Trademark Dilution Using Contingent
Valuation Method. Journal of Sport Management. 34(3). pp.189-200.
Gao and et. al., 2019. Design and experimental investigation of V-folded beams with acoustic
black hole indentations. The Journal of the Acoustical Society of America. 145(1).
pp.EL79-EL83.
Gascho, D., 2020. Lodged bullets on computed tomography: Three classification procedures for
the virtual investigation of bullets or their fragments that cannot be recovered from the
living patient.
Godin and et. al., 2017. Time-resolved spectroscopic investigation of charge trapping in carbon
nitrides photocatalysts for hydrogen generation. Journal of the American Chemical
Society. 139(14). pp.5216-5224.
Lee, J., Abdel-Aty, A. and Park, J., 2018. Investigation of associations between marijuana law
changes and marijuana-involved fatal traffic crashes: A state-level analysis. Journal of
Transport & Health. 10. pp.194-202.
Lim, S.H., Lee, S. and Kim, D.J., 2017. Is online consumers’ impulsive buying beneficial for e-
commerce companies? An empirical investigation of online consumers’ past impulsive
buying behaviors. Information Systems Management. 34(1). pp.85-100.
Liu, S.H., Lu, Y.M. and Su, C., 2020. Thermal hazard investigation and hazardous scenarios
identification using thermal analysis coupled with numerical simulation for 2-(1-cyano-
1-methylethyl) azocarboxamide. Journal of hazardous materials. 384. p.121427.
Nazari and et. al., 2019. Investigation of factors influencing geological heterogeneity in tight gas
carbonates, Permian reservoir of the Persian Gulf. Journal of Petroleum Science and
Engineering. 183. p.106341.
Nguyen and et. al., 2020. Investigation of crack propagation in asphalt pavement based on APT
result and LEFM analysis. Journal of Testing and Evaluation. 48(1). pp.161-177.
Nyaaba, W., Frimpong, S. and Anani, A., 2019. Fatigue damage investigation of ultra-large tire
components. International Journal of Fatigue. 119. pp.247-260.
Perambadur and et. al., 2020. Investigation of arc-swirl phenomenon in a plasma torch under an
influence of external magnetic field using 3-D CFD modelling. Chemeca 2020: Renew,
Sustain, Disrupt, Advance, p.74.
Policardo, L. and Carrera, E.J.S., 2018. Corruption causes inequality, or is it the other way
around? An empirical investigation for a panel of countries. Economic Analysis and
Policy. 59. pp.92-102.
Pu and et. al., 2017. Experimental investigation of viscoelastic polymers for stabilizing
foam. Journal of industrial and engineering chemistry. 47. pp.360-367.
Sheikholeslami and et. al., 2018. Investigation of second law and hydrothermal behavior of
nanofluid through a tube using passive methods. Journal of Molecular Liquids. 269.
pp.407-416.
Volmar, M.N. and Helmdach, K.O., 2018. Protecting consumers and their data through
competition law? Rethinking abuse of dominance in light of the Federal Cartel Office’s
Facebook investigation. European Competition Journal. 14(2-3). pp.195-215.
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Wang and et. al., 2017. Living with parents or with parents-in-law and postpartum depression: A
preliminary investigation in China. Journal of affective disorders. 218. pp.335-338.
Zhang and et. al., 2017. Application of lignin-based by-product stabilized silty soil in highway
subgrade: A field investigation. Journal of Cleaner Production. 142. pp.4243-4257.
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