NSW State Emergency Service – allegations concerning SES Commissioner (Operation Dewar)

The ICAC investigated allegations that the NSW State Emergency Service (SES) Commissioner, Murray Kear, took detrimental action against Deputy Commissioner Tara McCarthy, including dismissal from her position on 14 May 2013, in reprisal for Ms McCarthy making allegations to Mr Kear that SES Deputy Commissioner Steven Pearce had engaged in corrupt conduct.

The ICAC also examined allegations that Mr Kear improperly showed favour to Mr Pearce by failing to appropriately investigate allegations made by Ms McCarthy that Mr Pearce had engaged in corruption. It was also alleged that in relation to the above allegations, Mr Kear made false statements or attempted to mislead an officer of the ICAC in their exercise of their functions under the Independent Commission Against Corruption Act 1988.

In its report on the investigation, made public on 28 May 2014, the Commission makes corrupt conduct findings against Mr Kear. The Commission is of the opinion that the advice of the director of public prosecution should be sought with respect to the prosecution of Mr Kear for an offence under the Public Interest Disclosures Act 1994 of taking detrimental action in reprisal for a person making a public interest disclosure.

Kevin Pallier is mentioned in the ICAC investigation report. The ICAC did not investigate any conduct of Mr Pallier and Mr Pallier was not represented at the public inquiry. In making findings concerning the way in which Mr Kear dealt with complaints about Mr Pallier, the ICAC made no adverse finding in relation to Mr Pallier.

The ICAC is also of the opinion that the minister for police and emergency services should give consideration to the taking of action against Mr Kear for disciplinary offences of misconduct with a view to his dismissal.

Investigation reports Investigation reports
Investigation into the conduct of the Commissioner of the NSW State Emergency Service - Operation Dewar View full report
Findings of corrupt conduct Findings of corrupt conduct
Findings of corrupt conduct View findings
Recommendations for prosecutions Recommendations for prosecutions
Recommendations for prosecutions View recommendations
Recommendations for disciplinary action Recommendations for disciplinary action
Recommendations for disciplinary action View recommendations
Recommendations for corruption prevention Recommendations for corruption prevention
Recommendations for corruption prevention View recommendations
Transcripts Transcripts
View all transcripts associated with this investigation. The Commission makes every effort to post the daily transcripts of its public inquiries on its website by 8:00 pm each day when possible. If the Commission sits later than 4:00 pm, the daily transcripts, particularly the afternoon session, may not be available until the next working day. View transcripts
Public Notices, Media Releases and Fact Sheets Public Notices, Media Releases and Fact Sheets
Investigation into the conduct of the commissioner of the NSW State Emergency Service View fact sheet
ICAC finds NSW SES Commissioner corrupt, recommends dismissal View media release
MEDIA ALERT: ICAC public inquiry into allegations concerning the NSW SES Commissioner starts tomorrow View media release
Public notice View public notice
ICAC public inquiry into allegations concerning the NSW State Emergency Service Commissioner View media release
Witness Lists Witness Lists

Updated Witness List Tuesday 3 December 2013
Updated Witness List Wednesday 4 December 2013

Exhibits Exhibits

Exhibit 1 and 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11