Recommendations for prosecutions

The Commission must seek the advice of the Director of Public Prosecutions (DPP) on whether any prosecution should be commenced. The DPP determines whether any criminal charges can be laid, and conducts all prosecutions. The Commission provides information on this website in relation to the status of prosecution recommendations and outcomes as advised by the DPP. The progress of matters is generally within the hands of the DPP. Accordingly, the Commission does not directly notify persons affected of advice received from the DPP or the progress of their matters generally.

The Commission is of the opinion that the advice of the DPP should be obtained with respect to the prosecution of Murray Kear for an offence under section 20 of the Public Interest Disclosures Act 1994 (the PID Act) of taking detrimental action in reprisal for a person making a public interest disclosure.

A brief of evidence was provided to the DPP on 10 September 2014. On 3 February 2015, the DPP advised that there was sufficient evidence to charge Mr Kear with one charge of taking detrimental action in reprisal for a person making a public interest disclosure. The trial commenced on 12 October 2015 and was adjourned to 8 February 2016. On 16 March 2016, Mr Kear was acquitted of the charge. Following the trial, Mr Kear’s legal representative made an application that the DPP pay Mr Kear’s legal costs in the proceedings. On 25 May 2016, the application was granted and the DPP was ordered to pay Mr Kear's legal costs in defending the charge.