Investigation Training Resources
Session 2 - FORENSIC AWARENESS Learning Packages

SECTION 1: Forensic Awareness & Legal Frameworks

🔗 RECOMMENDED RESOURCES

Local Government Act 2009 (Qld)
Key responsibilities and powers of authorised persons and investigators under Queensland local government legislation.

📎 https://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-017

📌 Focus: Covers the powers of entry, investigation, and seizure granted to: Authorised persons (for operational investigations under local laws), Investigators (for formal councillor conduct investigations under Chapter 5A)

• ✅ General Investigation Powers – Authorised Persons

  • s124–126 – Powers to enter a place (with consent or warrant)

  • s132 – General powers after entering (inspect, photograph, take samples, etc.)

  • s133 – Power to seize evidence lawfully during an inspection

  ✅ Councillor Conduct Investigations – Investigators

  • s150AX – Entry of place with consent

  • s150AY – Evidence of consent

  • s150BN – Application for warrant

  • Division 4 – Seizure of evidence by investigators

Information Privacy Act 2009 (Qld)
Applies when council officers collect, store, use, or disclose personal information during investigations

📎 https://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-014

📌 Focus: Governs how personal information (e.g. names, addresses, photos, recordings, complaints) must be collected, secured, used, and disclosed by local government officers.

• Schedule 3 – Information Privacy Principles (IPPs)

  The following IPPs are particularly relevant to council investigations:

  • IPP 1 – Collection of Personal Information
    ➤ Must be collected lawfully, fairly, and for a legitimate purpose. Individuals should be informed.

  • IPP 4 – Data Security
    ➤ Protect information from loss, unauthorised access, misuse, or modification.

  • IPP 10 – Use of Personal Information
    ➤ Only use data for the purpose it was collected — not for unrelated matters.

  • IPP 11 – Disclosure
    ➤ Do not disclose personal information to third parties without consent or legal authority.
    
    🔗 Information Privacy Act (Qld)

Evidence Act 1977 (Qld)
Core legal foundation for handling evidence in QLD

📎 https://www.legislation.qld.gov.au/view/html/inforce/current/act-1977-047

📌 Focus: The Act governs how evidence must be lawfully obtained and fairly presented to be admissible in court — including council-collected evidence such as photos, digital material, statements, and seized items.

Office of the Information Commissioner QLD – Information Privacy Principles
Guidance on the 11 Information Privacy Principles (IPPs) under the Information Privacy Act 2009 (Qld)

📎 OIC QLD – IPP Overview

📌 Focus:

• Explains how QLD public authorities (like councils) must collect, store, use, and disclose personal information

• Useful for interpreting Schedule 3 of the Information Privacy Act 2009 (Qld)

Qld Ombudsman – Good Decision-Making Guidelines
Ethical considerations and accountability for public officers

🔗 Good Decision-Making Guide

📌 Focus:

• Promotes ethical, accountable, and defensible decision-making in public administration

• Reinforces procedural fairness, natural justice, and transparent communication in council investigations

• Applies to:

  • Enforcement actions

  • Interviews and evidence collection

  • Notices, directions, and penalties

SECTION 2: Digital Forensics

🔗 RECOMMENDED RESOURCES

Australian Centre to Counter Child Exploitation (ACCCE)
Federal agency specialising in child exploitation investigations, but their resources provide high-quality examples of digital forensic tools, workflows, and triage protocols relevant to broader digital investigations.

🔗 ACCCE Website

📌 Key Uses for Council Investigators:

• Examples of:

  • Best-practice documentation of digital exhibits

  • Digital triage tools and methods for assessing phones, USBs, cloud data

  • Preservation techniques that align with forensic integrity

• Useful as model protocols, even if your council doesn’t deal directly with exploitation-related crimes

🧾 Legal Relevance (Qld Context):

📘 Evidence Act 1977 (Qld):

• Section 95:
  ➤ Allows copies, printouts, or reproductions of electronic communications or documents to be admissible if properly authenticated.

• Section 130:
  ➤ Grants courts discretion to exclude unfairly obtained or compromised evidence, reinforcing the need for chain of custody and secure handling.

🔐 Information Privacy Act 2009 (Qld):

• IPP 4 (Data Security) – Ensure electronic material is stored and transmitted securely

• IPP 11 (Disclosure) – Do not share digital evidence with third parties unless authorised by law

✅ Summary:

This is a technically specialised but highly instructive resource, ideal for reinforcing forensic integrity standards when collecting and managing digital evidence in public sector investigations.

Magnet Forensics Blog
Commercial but well-regarded source of tutorials, digital forensic workflows, and real-world case studies

• 🔗 Magnet Forensics

📌 Focus Areas:

• Real-world examples involving:

  • USB and portable media forensics

  • Windows system artifacts and logs

  • Mobile phone extraction and analysis

  • Chain of custody and evidence handling in a digital context

• Clear documentation and tool-supported approaches

🧾 Legal Relevance (QLD Context):

✅ Evidence Act 1977 (Qld):

• Reinforces chain of custody principles and authenticity of digital exhibits under:

  • Section 95 – Admissibility of reproduced or copied electronic records

  • Section 130 – Grounds for excluding improperly obtained or poorly documented evidence
    

✅ Information Privacy Act 2009 (Qld):

• Supports secure handling of personal information (IPP 4) and proper use/disclosure (IPP 10 & 11)
  

✅ Why It's Useful for Council Investigators:

• While not a government site, it offers practical case-driven insights into digital evidence workflows that apply directly to investigations involving:

  • Unlawful surveillance

  • Social media misconduct

  • Access to shared systems or files

Queensland Government – Digital Evidence Handling Guide
Practical guidance for non-police agencies (including councils) when handling and collecting digital evidence in investigations

🔗 Digital Evidence Guide – QLD Government

📌 Focus::

• Mobile phones, computers, USBs, storage devices

• Social media, email, and messaging apps

• Network logs and location-based data

• Practical advice for seizure, packaging, and preserving digital evidence

• Steps to avoid altering or contaminating electronic evidence

🧾 Relevant Legislation:

📘 Evidence Act 1977 (Qld):

• Digital evidence must be:

  • Authenticated – Proven to be what it purports to be (e.g. metadata, audit trails)

  • Unaltered – Chain of custody must be maintained from collection to presentation

• ⚖️ Relevant when preparing evidence for court admissibility (see s130 – discretionary exclusion)

🏛️ Local Government Act 2009 (Qld):

• Section 132 – Powers after lawful entry (e.g. inspecting, copying, photographing, taking data or devices)

• Section 133 – Power to seize evidence (includes digital storage media such as laptops or phones)

✅ This resource is highly relevant for council investigators dealing with:

• Suspected data breaches

• Public complaints involving digital evidence

• Surveillance, social media content, or electronic records

NIJ – Electronic Crime Scene Investigation Guide
Internationally recognised best-practice guide for handling digital evidence in field investigations

🔗 NIJ e-Crime Scene Guide

📌 Key Topics Covered:

• What to do first on scene involving digital evidence

• What not to touch before imaging or isolating devices

• How to properly handle and package:

  • Laptops

  • Mobile phones

  • USBs and hard drives

  • Routers and networked devices

• Preventing remote tampering or evidence loss

🧾 Legal Relevance (QLD Context):

🏛️ Local Government Act 2009 (Qld):

• s132 – Powers after entering: copying, photographing, and securing electronic data/devices

• s133 – Lawful seizure of digital media and related exhibits

📘 Evidence Act 1977 (Qld):

• Supports proper chain of custody documentation and device integrity to ensure admissibility

• Reinforces Section 130 (admissibility may be challenged if evidence is mishandled)

✅ This guide is an ideal reference for council officers involved in:

• Unlawful dumping with surveillance footage

• Planning breaches with GPS data

• Social media-related misconduct or harassment

Australian Cyber Security Centre (ACSC)
National technical authority providing guidance on forensic readiness, incident response, and secure handling of digital evidence

🔗 ACSC – Forensics & Investigations

📌 Focus Areas:

• Network traffic and log collection for investigative purposes

• System-level forensics: hard disk imaging, log retention, event auditing

• Protocols for:

  • Data breaches

  • Insider threats

  • Misuse of council systems or credentials

• Designed for technical responders, but principles apply to investigators preparing evidence for legal or disciplinary action

🧾 Legal Relevance (QLD Context):

📘 Information Privacy Act 2009 (Qld):

• IPP 4 – Data Security
  ➤ Evidence (e.g. logs, emails, user access records) must be protected from unauthorised access, alteration, or loss

📘 Evidence Act 1977 (Qld):

• Proper logging and handling supports authenticity and admissibility (particularly under s95 and s130)

✅ Why It’s Relevant for Council Investigators:

• Helps structure internal digital investigations (e.g. staff misuse of systems)

• Supports forensic preservation when working with IT teams or third-party vendors

• Promotes defensible logging practices if evidence is later relied on in disciplinary hearings, QCAT, or court

SECTION 3: Physical Evidence & Scene Preservation

🔗 RECOMMENDED RESOURCES

This area focuses on:

• 📸 Documenting and photographing scenes

• 📦 Handling and packaging physical evidence

• 🚫 Preventing contamination

• 📓 Accurate note-taking and recording

Crime and Corruption Commission (CCC QLD) – Scene Integrity Advice
Publishes guidance on best-practice investigation methods, including securing evidence, preserving scene integrity, and maintaining procedural fairness

🔗 CCC QLD Publications

📌 Focus:

• Ethical and lawful conduct of public sector investigations

• Emphasises:

  • Proper collection and documentation of evidence

  • Scene management procedures

  • Minimising the risk of legal challenge or corruption allegations

• Though focused on misconduct investigations, the principles apply to local government investigations involving physical evidence

🧾 Legal Relevance (QLD Context):

🏛️ Local Government Act 2009 (Qld)

• s132 – Powers to inspect, photograph, or test items post-entry

• s133 – Power to seize evidence: must be lawfully and fairly executed

📘 Evidence Act 1977 (Qld) – Section 130

• Courts may exclude evidence if unfairly or improperly obtained
  ✅ CCC guidance supports procedural defensibility and investigative integrity

✅ This is a valuable reference for reinforcing professional standards in evidence handling and scene integrity during council operations.

NIJ – Guide for Law Enforcement Crime Scene Investigators
Internationally recognised guide outlining best-practice procedures for managing and documenting physical crime scenes.

🔗 NIJ Crime Scene Guide

📌 Focus:

• Structured methodology for:

  • Photographing evidence (overall, mid-range, close-up)

  • Logging and labelling exhibits

  • Sketching the scene (orientation, measurements, object placement)

  • Coordinated search methods (grid, spiral, zone)

• Designed for law enforcement, but methods are highly applicable to regulatory and local government investigations

🧾 Legal Relevance (QLD Context):

✅ Evidence Act 1977 (Qld)

• Supports proper documentation and presentation of evidence

• Reinforces witness credibility through professional standards and reproducibility of scene data

• Prevents exclusion of evidence under s130 due to poor handling or unclear records

✅ Local Government Act 2009 (Qld)

• Complements s132–133 for post-entry evidence collection and seizure by council officers

✅ Ideal for training investigators in scene management, note-taking, photography, and documentation, particularly during incident or offence inspections.

Queensland Health – Forensic and Scientific Services (FSS)
Queensland Government’s official forensic laboratory service — provides expert testing in DNA, toxicology, microbiology, and physical evidence analysis.

🔗 Qld Health FSS

📌 Focus:

• Offers forensic testing services that may be accessed by local councils through formal arrangements or referrals

• Relevant for:

  • Biological evidence (blood, saliva, hair)

  • Environmental testing (e.g. toxic substances at illegal dump sites)

  • DNA profile comparison and interpretation

• Plays a critical role in preserving evidentiary integrity during external laboratory handling

🧾 Legal Relevance (QLD Context):

📘 Evidence Act 1977 (Qld), Part 7 – Proof and Admissibility

• Forensic test results must be:

  • Based on properly collected, labelled, and documented exhibits

  • Handled in a way that maintains chain of custody and prevents contamination

• Poor handling or packaging can lead to challenges under Section 130 (court discretion to exclude)

✅ This resource supports the importance of proper field handling, especially when evidence is destined for external scientific testing.

Office of Fair Trading - Entry, Search and Seizure Policy – Queensland Government (OFT)
Practical guidance for authorised officers on exercising entry, search, and seizure powers in compliance with Queensland law. Though developed for OFT, the principles are directly applicable to local government investigations.

🔗 Entry, Search and Seizure Policy (PDF)

📌 Focus:

• Real-world procedures and officer responsibilities relating to:

  • Gaining lawful entry (with consent or warrant)

  • Explaining rights and issuing notices

  • Collecting, labelling, and securing evidence

  • Recording actions and preserving procedural fairness

🧾 Legal Relevance:

• Relevance to Local Government Act 2009 (Qld):

  • Section 124 – Power to Enter a Place: This section grants authorized persons the ability to enter places under specific conditions, such as with the occupier's consent, under the authority of a warrant, or in situations defined by the Act.​

  • Section 125 – Entry with Consent: Details the requirements for obtaining consent from the occupier before entry, emphasizing the need for informed and voluntary agreement.​

  • Section 126 – Entry Under Warrant: Outlines the process for applying for and executing a warrant to enter premises, including the necessary grounds and procedural safeguards.​

  • Section 133 – Power to Seize Evidence: Specifies the conditions under which an authorized person may seize evidence during the course of an investigation, ensuring that such actions are legally justified and properly documented.

✅ This resource helps council investigators:

• Follow clear procedures for lawful entry and seizure

• Document investigations in a way that is legally defensible

• Avoid overreach or procedural errors that could compromise outcomes

NIJ Firearms Examiner Training – Module 06: Evidence Handling
Detailed online module from the U.S. National Institute of Justice, covering universal principles of evidence collection, packaging, labeling, and documentation. Though developed for firearms examiners, its methods apply to most physical evidence encountered by investigators.

🔗 NIJ Firearms Examiner Training – Evidence Handling Module\

📌 Focus:

• Standardised practices for:

  • Packaging and sealing of evidence

  • Chain of custody documentation

  • Preventing cross-contamination

  • Labelling, transportation, and courtroom presentation

• Reinforces meticulous handling techniques applicable to council investigations (e.g. dumped items, property damage, discarded equipment)

🧾 Legal Relevance (QLD Context):

📘 Evidence Act 1977 (Qld) – Section 130

Courts may exclude evidence if it was collected, handled, or stored unfairly, improperly, or unlawfully.
✅ Proper packaging and documentation reduce the risk of evidentiary exclusion.

🏛️ Local Government Act 2009 (Qld):

• s132 – Grants powers to photograph, test, and sample evidence following lawful entry

• s133 – Authorises the seizure of physical items provided the process is lawful, documented, and defensible

✅ This module provides a practical reference for ensuring professional, court-admissible exhibit handling by council investigators.

NSW Police Force – Forensic Evidence & Technical Services Command: SOPs
Standard Operating Procedures (SOPs) developed by NSW Police for the collection, packaging, labelling, contamination control, and documentation of physical evidence.

🔗 NSW Police Forensic SOP – PDF

📌 Focus:

• While created for police, these SOPs are directly relevant to:

  • Council investigations involving physical evidence (e.g. illegal dumping, damaged property, incident scenes)

  • Scene preservation

  • Chain of custody

  • Safe handling of potentially hazardous materials

🧾 Legal Relevance (QLD Context):

📘 Evidence Act 1977 (Qld) – Section 130

Courts may exclude evidence if it is unfairly or improperly obtained or handled
✅ Following formal SOPs enhances credibility, integrity, and admissibility of physical evidence.

🏛️ Local Government Act 2009 (Qld):

• s132 – Post-entry powers: includes photographing, inspecting, and collecting items

• s133 – Power to seize evidence: requires lawful authority and proper documentation and storage

✅ This is a strong reference for training council investigators in professional evidence-handling practices, even if not strictly mandated by local government protocols.