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ARTICLE · 13 APRIL 2015

NSW Government Bulletin - 8 April 2015

Holding Redlich
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This bulletin has links to media releases, reports, legislation and other issues of interest to NSW government lawyers.

AustraliaGovernment, Public Sector
Sylvia Fernandez (Formerly With Holding Redlich)
Sylvia Fernandez (Formerly With Holding Redlich)
Christine Jones
Christine Jones
Kim Nguyen
Kim Nguyen
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In a significant case dealing with the sacking of a whistleblower in New South Wales, the former State Emergency Service Commissioner Murray Kear has been charged under whistleblower protection laws over the sacking of Deputy Commissioner, Tara McCarthy.

Mr Kear has been charged with an offence under the Public Interest Disclosures Act 1994 (NSW) (the Act). Sections 9 and 20 of the Act provide that it is an offence for a public official to take "detrimental action against a person ... substantially in reprisal" for whistle blowing. This offence is punishable by up to two years in prison.

In Operation Dewer, the Independent Commission Against Corruption (ICAC) investigated allegations that Mr 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 another SES Deputy Commissioner had engaged in corrupt conduct in relation to the

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