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 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||View findings|
|Recommendations for prosecutions|
|Recommendations for prosecutions||View recommendations|
|Recommendations for disciplinary action|
|Recommendations for disciplinary action||View recommendations|
|Recommendations for corruption prevention|
|Recommendations for corruption prevention||View recommendations|
|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|
|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|