A whistleblower who was improperly sacked from the State Emergency Service for exposing potential misconduct in the ranks will return to the "job of her dreams" on Monday – more than a year after she was ousted.
Tara McCarthy, the first female deputy commissioner of the SES in its 60-year history, was vindicated earlier this year when the Independent Commission Against Corruption found her boss Murray Kear acted corruptly by sacking her in May last year for making allegations against his "mate" Steve Pearce.
But Ms McCarthy had to wait another five months to return to work because existing whistleblower laws make it difficult to permanently reinstate someone who is improperly sacked.
She will now return to her former position next week, albeit on a six-month contract.
Mr Pearce, who was also deputy commissioner, will return from leave on full pay on the same day.
Ms McCarthy, a former paramedic and mother of two teenage boys, said it had been "a long, difficult process but I'm absolutely thrilled to be returning and getting back to work".
"It was a privilege to be the first female deputy commissioner and I'm very excited about being able to take up that role again," Ms McCarthy said.
Public Service Association general secretary Anne Gardiner welcomed the decision but said "we would have expected Tara would have been reinstated earlier".
She said that the contracts senior public servants signed should be revised so that they could not be sacked "for any or no reason".
"These contracts are being extended to thousands more public servants who are in more junior positions," Ms Gardiner said. "It was bad enough when it was a relatively small number."
Ms McCarthy's reinstatement comes after Fairfax Media reported claims by the government in August that it was powerless to reinstate her in her position.
Emergency Services Minister Stuart Ayres said at the time he was unable to give Ms McCarthy her job back because it was a matter for the head of the Justice Department, Andrew Cappie-Wood, and Public Service Commissioner Graeme Head.
In a letter to Mr Head on July 15, Mr Cappie-Wood said it was his "firm view" that Ms McCarthy's "wellbeing and safety" would be at risk if she returned to the SES.
Mr Cappie-Wood said on Friday that he and Mr Head had made the decision to offer Ms McCarthy a six-month contract.
"Senior executive roles in NSW government agencies can only be offered on a temporary basis for a maximum of six months without external advertising and merit selection processes," he said.
Ms McCarthy and Mr Pearce will both have to compete for the role of deputy commissioner in about February when the organisation is restructured so that there is only one deputy commissioner position.
Asked why Mr Pearce was returning to his position, Mr Cappie Wood said: "The ICAC and the Public Service Commissioner have carried out thorough and fair investigations into these allegations and no findings of corrupt conduct were made against Mr Pearce."
Acting SES commissioner Jim Smith, who replaced Mr Kear after he resigned following the ICAC's report, told staff on Friday of Ms McCarthy's return.
A spokesman for the SES said: "Tara McCarthy is certainly going to be a valued member of the staff here at the SES upon her return, just as much as Steve Pearce is.
"The [acting] commissioner is looking forward to welcoming both of them back on Monday. There will be about a week before they're integrated fully back into the organisation."
Upper house Greens MP David Shoebridge said Ms McCarthy's case showed "how riddled with holes the state's whistleblower protection laws are".
"Anyone who is so thoroughly vindicated by ICAC should be getting their job back, no questions asked."
Mr Shoebridge said he had introduced a private member's bill to "create a clear power to reinstate in cases such as this".
"We would urge the government to support it in the last few weeks of Parliament," Mr Shoebridge said.
Mr Cappie-Wood said it had been "a very difficult year for the SES, with the ICAC Inquiry and the resignation of former Commissioner Kear", but the organisation had continued to serve the community with "dedication and professionalism".
He said Mr Smith had taken on "a very difficult challenge and led a powerful agenda for change and improvement" as acting commissioner.
"Together with the acting commissioner, I expect the organisation to work professionally with the two returning deputies as they come up to speed in their roles to ensure the focus remains on the important work being carried out to protect and serve the community."
