Step 3 what is important when gathering evidence?


  • the facts that need to be established to make a decision and
  • the evidence needed to establish those facts.

Evidence may come from:

  • documents such as emails, letters, minutes, file notes, system notes, diary notes
  • oral evidence for example, from witnesses to incidents.
Important to noteā€¦ Comment

Recording the evidence

This includes records of review interviews with the applicant or other participants.

All the evidence considered by the reviewer should be documented and filed.

Interviewees are usually given the opportunity to:

  • accept the content of the record of interview and
  • clarify what they said at interview.


The record of evidence may be shared.

If the case comes to the Merit Protection Commissioner for review, agencies must make all relevant documents relied on in their review available (Regulation 5.30).

Support person

When interviewing, it is good practice to provide the review applicant with the option of a support person.

A support person provides support but does not advocate for the employee.

It is important for review applicants to tell their story in their own words.

Confidentiality and Privacy issues

All relevant documents relied on in agency reviews are made available to the Merit Protection Commissioner and the review applicant (Regulation 5.30).

When gathering evidence for reviews, an agency should not give absolute guarantees of confidentiality.

Review applicants and witnesses should be given information about the likely use and disclosure of personal information gathered in the course of a review (Privacy Act 1988).

The Merit Protection Commissioner's Privacy Policy is available.