A former Illawarra senior firefighter who claims he was bullied and victimised for blowing the whistle 10 years ago is accusing Fire and Rescue NSW of lying and withholding crucial information relating to his case.
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He has called on the NSW government to examine fresh evidence which he alleges shows the fire service misled numerous agencies, including NSW Parliament, the Independent Commission Against Corruption and NSW Workers Compensation Commission.
He says this new evidence shows the fire service may have committed perjury or interfered with the course of justice and therefore the NSW Police Minister and the Emergency Services Minister have an obligation to refer the allegations to police for investigation.
The 10-year ordeal started with the officer making complaints against a supervisor. He alleges that as a result he was subjected to years of harassment, including hundreds of phone calls from the supervisor to his house and mobile. He says he was knocked back for promotions and even had charges levelled against him.
Fire and Rescue NSW insists the Illawarra man's allegations have been exhaustively investigated by internal and external bodies and not substantiated.
However the ex-officer says "crucial evidence" that could prove key aspects of his case was missing and therefore the bodies he complained to were never told the full story.
He has obtained a copy of a previously undisclosed FRNSW preliminary inquiry report into allegations of serious misconduct against the supervisor involved, dated October 28, 2004.
"That's despite previously formally applying for the report and being told it did not exist. The Information and Privacy Commission was told the same thing," the ex-firefighter said.
The report finds that the supervisor's behaviour on the balance of probability "would have been viewed as harassment" in contravention of fire brigade regulations.
The basis of these complaints was also supported by "formal evidence" from other officers.
The report recommends that the "nominated officer prefer departmental charges against [the supervisor]".
A copy of the NSW Fire Brigades' 2010 report into allegations of misconduct by the officer recommended the brigade act on two of four of the complaints.
The report found there was a prima facie case of misconduct and recommended action be taken against the supervisor. The ex-firefighter has also obtained emails detailing internal and external discussions between staff of NSW Fire Brigades and its workers' compensation insurer GIO.
An email dated December 22, 2004, refers to a document concerning an internal investigation about misconduct and discusses the firefighter's complaints and the fact the matter was "hush hush".
In a March 3, 2005, email, a GIO case manager confirmed he was satisfied the incident involving the ex-firefighter and his superior took place.
"I am satisfied that the incident basically took place as it is described by the worker in the investigation report. I was told that the Commissioner and (another officer) both support the worker's claim," the email said.
"The other firefighter was disciplined in relation to complaints put in by both the worker and someone else," he says.
The ex-firefighter also electronically recorded a case conference between himself and representatives of Employers Mutual Limited (EML) on March 10 this year.
During the interview, an EML representative admitted it was correct that the officer had been charged as a result of the ex-firefighter's allegation in 2004, the ex-firefighter said.
"To this day FRNSW have maintained in representations to Parliament, ICAC and the NSW Ombudsman the allegations were never substantiated, though the insurer has admitted it is true he was charged," the Illawarra man said.
He wants police to investigate his claims and an independent body set up to examine evidence of the many firefighters who have come forward saying their complaints have been ignored. "If the police and an independent authority find I have nothing, I will walk away," he said.
The Mercury provided a summary of the new allegations to the NSW Police Minister's office and the Police Commissioner's office. The NSW Police Service said: "Based on the [summary] provided, a police investigation was not appropriate. If there is new information available to substantiate a criminal offence it should be reported to police at Lake Illawarra Local Area Command".
The Mercury's request for a response from the NSW Emergency Services Minister was referred back to FRNSW for comment.
FRNSW commissioner Greg Mullins rejected the implication the organisation misled any authority in its investigations of the matter.
"FRNSW co-operated fully with several external bodies that exhaustively and thoroughly investigated allegations first put forward by (the officer) about a decade ago," Mr Mullins said.
The information that had recently been put forward did not appear to be "new evidence" and FRNSW had not received any further information to substantiate allegations of corruption and bullying, he said.
"The allegations are taken very seriously by FRNSW and, if there is any new information that can substantiate (the ex-officer's) claims, he is strongly encouraged to forward it on to the appropriate authorities."
The ex-firefighter said he found it curious the minister referred his complaints back to FRNSW considering it was the body "I am making the allegations about".
Shellharbour MP Anna Watson agrees the claims must be investigated by an independent authority and has called for action (see separate story).