In a letter obtained by Carenne Gate dated 14 May 2010, Jane Thorpe of the department's Employee Performance and Conduct unit informs Mr Carter that he is an employee as someone who is on the department's casual list and can therefore be investigated by the department. In the letter, Ms Thorpe advises that Mr Carter was an "employee" but not a "public official" as defined by the whistleblower legislation.
Carenne Gate has sought legal advice on Mr Carter's position and has been told that if Mr Carter is an "employee" which may be investigated then he is a "public official" under the whistleblower protection legislation.
We were directed to look at section 4 of the Protected Disclosures Act which says -
"public official" means a person employed under the Public Sector Management Act 1988 , an employee of a State owned corporation, a subsidiary of a State owned corporation or a local government authority or any other individual having public official functions or acting in a public official capacity, whose conduct and activities may be investigated by an investigating authority, and (without limitation and to avoid doubt), includes an individual in the service of the Crown or of a public authority, a member of the Police Service, a PIC officer or a PICI officer.Under this definition Mr Carter would have been protected at the time of his complaint and therefore he is entitled to protection under whistleblower protection laws. This can't be taken away from him just because the NSW Department of Education and Training wishes it to.
32 comments:
We are all fucked now. God help us all.
nedkelly 6:14 PM
Serve you all right, Hope you all end up in jail you corrupt bastards.
Anonymous 6:29 PM
I will tell you this a lot of them are going to end up with nothing and broke.
If there are extra charges will there be the possibility for immunity? So many people have commented about Brian Carter and his complaint. Alot of us have a copy of it, Peter Harvey gave it to us at a meeting in 2009. Lee also told me that Carenne Support was told about it and there was nothing he could do because it wasn't a protected disclosure but if it was so many people are going to be fucked now.
nedkelly 6:59 PM
See you shit on people and it comes back to bite you,in your case its going to destroy you all.
I bet LEE CHURCHES and GEOFF SALMON are shitting themselves this very minute,He will have to make some chips to pay for these sins won't he.I wonder if the det will provide legal help for him in this one.
Never mind about who is in the shit. The important point which is made by this particular string should be just how hard it is to pursue justice when Ministers of the Crown do not wish to do the job they were elected by us to do. Consider the fact that Nathan Carter had to take private criminal action against three senior executives of Carenne School and while he did his best the KLAN and its supporters have sat in the peanut gallery laughing it up here on the WWW telling anyone who would listen the Carters have nothing. Well a point of law is not a win in a court case but it is important in the political process which is running simultaneously in another place. It may be the Minister for Education will weigh up the downside of pressing on, against the cost of compensating the Carters should the DET arguements fail in the criminal court. After the criminal action there may need to be a civil action claiming damages and to show the amount of damages is a battle in itself. But the defamation actions which will I expect include the Department of Education as responcible for what it let its empolyees continue to do after warnings were published may be good fun for those who have suffered at the hands of DET employees whoclaimed they enjoyed the DETs support. Thank you for running this important information there are others out there who will take away some very useful information.
Shane how did you get on at carenne school on monday,did you get any truthful answers.
June 8, 2010 7:16 PM
The Crown Solicitor will take it on, why would you need the big guns if you are so innocent Lee? We all know you aren't/.
Since Michael Auld found out he was being investigated he threatened that he would take Carters out. He told me he was angry that the snitching cunts had made a complaint about him.
ned churches has threatened to take the carters out to not just auld.
Keep in mind the Crown are nothing special here they are often perceived as conflicted as lawyers and judges are all part of the same legal family. I believe we should increase the political pressure for government to act politically on our behalf start by sacking everyone who is identifed by the freely circulating electronic information as having used DET computers to bully and threaten the Carters and other whistle blowers.
June 8, 2010 8:19 PM
You are right, while the Carters are a huge target another whistleblower Jenny O'Neill who dared to question how things were being done at Carenne Support has also been shafted and threatened. Lee told me today that her husband told her to get fucked out the front of her mother's house on the weekend and that she was going to look at getting an AVO. Christine Porter has also misused the AVO system, Lee Churches told her to get one on Brian Carter to stop him working at Carenne after his criminal charge fell over.
If this was a protected disclosure why did Peter Harvey share it with Carenne staff? I have a copy of it which Lyn gave me because I was named in it. I will send you my copy Libertarian, it is pretty long though. Can I get into trouble by having a copy?
Michael Auld gave me my copy, it came from Lyn's computer. He was all concerned about it not being a protected disclosure because it can be obtained under freedom of information. There was a big uproar at a staff meeting about it.
What makes you think that either of the Carters are going to give you immunity Margaret? You were one of the key players and the one who laid the most shit on them. I really doubt anyone would be that stupid.
I'm going to get great pleasure in watching this
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Are you worried about this news Marg or are you worried about the investigation into the leaks?
Lee's husband is not happy then what a surprise ha ha the woman is getting what she deserves. Fancy the hubby telling her to get fucked he must have been really pissed about something did she jam his fingers???
She doesnt have a husband does she?
who have the lieing old hag.
Mein fuhrer himself he would have been very proud i would say
she only needs the mowstash anyone got one to give the old wombat.
You are weak Margaret. What you have said will sink you.
Lee doesn't have a partner she was abused by Lawrence O'Neill as she left her sick mother's house.
Cut the rot Carennetruth. Posting comments in the third person about Lee Drew Churches being told the facts of life. Were you married when you had kids? Just use your name for the time being as it wont be long till you have a number wombat. When are you and your KLAN mates back in Bathurst court ?
carennetruth 12:05 AM
Lee Churches you have hit rock bottom bringing your mother into your lies and rot what a low life you are a complete liar.
Jenny didn't you tell Lucy that you were going to poison Lee's mother's plants?
Oh "Concerned" what an idiot you must be, why would Jenny poison anybodys plants she has more class than to do that and even more to the point why would she tell Lucy.
Keep up the lies Concerned they give me a laugh every day
I don't have to answer any of 9.04am's ridiculous questions. You are just a lowlife hiding behind anonymity. You should come out of the closet.
Are you in the closet Lee?
Oh Lee you rotten wombat, you tell all who are silly enough to still believe you Carenne is your beautiful school! Yet you continue to hide behind a very misleading pseudonym “Carennetruth”. We all know who you are and what you are, you’re not very nice and you are dishonest. Sure of the over 100 thousand reads of Julies Carenne Gate string there will be perhaps twenty at any given time who believe you are the underlying truth about Carenne, they are visitors who are sucked in and believe you are genuine, but those who take the trouble to dig and stay with it eventually discover the truth about you carennetruth and your KLAN mates. The dogs are barking Lee they can sniff your rot out in that DET closet of yours. When are you back in court Lee Drew Churches?
Oh Lee you rotten wombat, you tell all who are silly enough to still believe you Carenne is your beautiful school! Yet you continue to hide behind a very misleading pseudonym “Carennetruth”. We all know who you are and what you are, you’re not very nice and you are dishonest. Sure of the over 100 thousand reads of Julies Carenne Gate string there will be perhaps twenty at any given time who believe you are the underlying truth about Carenne, they are visitors who are sucked in and believe you are genuine, but those who take the trouble to dig and stay with it eventually discover the truth about you carennetruth and your KLAN mates. The dogs are barking Lee they can sniff your rot out in that DET closet of yours. When are you back in court Lee Drew Churches?
You are weak Margaret. What you have said will sink you.
Lee doesn't have a partner she was abused by Lawrence O'Neill as she left her sick mother's house.
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