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Clayton Utz hired by RFS to manage misconduct reviews

The NSW Rural Fire Service will pay a top law firm to handle misconduct reports from members following a landmark complaints survey.

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The Rural Fire Service has hired a top brass law firm to deal with three years’ worth of misconduct complaints after receiving 2,500 responses to an internal survey.

RFS Commissioner Rob Rogers sent an organisational wide email on Thursday informing staff and volunteers that industry law firm Clayton Utz would be tasked with independently reviewing previous complaints of serious misconduct.

In the email, obtained by The Daily Telegraph, Mr Rogers said the move would allow members to confidentially lodge claims with Clayton Utz to seek a “review” of misconduct matters reported since 2018.

Commissioner of the NSW RFS Rob Rogers sent an email to staff and volunteers informing them Clayton Utz had been hired to deal with misconduct reports. Sydney. Picture: NCA NewsWire / James Gourley
Commissioner of the NSW RFS Rob Rogers sent an email to staff and volunteers informing them Clayton Utz had been hired to deal with misconduct reports. Sydney. Picture: NCA NewsWire / James Gourley

“The NSW RFS is engaging law firm Clayton Utz, to undertake an independent review process relating to previous claims of serious conduct matters,” Comm Rogers wrote.

“The process will enable members to seek a review of serious matter/s they reported in the past three years, where the member doesn’t believe that the appropriate process was followed, or that the outcome wasn’t appropriate.”

The review process is expected to begin from May 31 with Comm Rogers encouraging RFS members to submit any claims to Clayton Utz through an online portal.

RFS volunteers at Buxton, NSW, during the Black Summer bushfires. Picture: AAP Image / Andrew Leeson
RFS volunteers at Buxton, NSW, during the Black Summer bushfires. Picture: AAP Image / Andrew Leeson

The move follows an earlier workplace survey sent to members asking for feedback on grievance and discipline processes within the RFS, after social media posts urging members to report sexual assault and bullying went viral in march.

NSW Police are currently investigating two reports of sexual assault from RFS members, and Comm Rogers announced plans to create new reporting models after the allegations surfaced.

The results of the RFS survey, which received about 2,500 responses, will be published by the end of May.

Rural Fire Service members will be able to contact Clayton Utz confidentially about misconduct matters within the organisation. Picture: Zizi Averill
Rural Fire Service members will be able to contact Clayton Utz confidentially about misconduct matters within the organisation. Picture: Zizi Averill

President of the Volunteer Fire Fighters Association Mick Horton applauded the RFS’ decision to get a law firm to oversee misconduct reports.

He called the move to review complaints including bullying, sexual harassment, discrimination or other misconduct a “right decision” but pressed for a sturdier reporting and review process.

“We have to say the general feeling dealing with the new commissioner is he is generally concerned about bullying and harassment and things are heading in the right direction,” Mr Horton said.

Mr Horton also voiced concerns about the independence of Clayton Utz, which has previously represented the RFS, and the criteria complaints have to fit into to be reviewed by the firm.

“Clayton Utz will review complaints from the past three years since May 31 2018, but what about new ones, or ones which weren’t yet lodged,” he said.

“Just like the inquiry into harassment and discrimination in emergency services organisations recommended, we still need to build a independent, external complaints management oversight body to better deal with member grievances.”

Clayton Utz is expected to act as the RFS’ independent review body until the organisation creates new misconduct and discipline processes, which should arrive by the year’s end.


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Original URL: https://www.dailytelegraph.com.au/news/nsw/clayton-utz-hired-by-rfs-to-manage-misconduct-reviews/news-story/5a5e6a4fd1fe3c55334216273443b727