Police executed a search warrant at O’Bryan’s Ballina home on October 30 last year and seized mobile phones,computers and documents before she was arrested and charged. O’Bryan,a former criminal defence lawyer,was suspended without pay from the ODPP at that time.

Her employment is governed by the Government Sector Employment Act,whichallows for the suspension of employees from duty pending a decision in relation to a criminal charge.

NSW Local Court Judge Kathy Crittenden made a non-publication order in December over O’Bryan’s name. That restriction was overturned by the Supreme Court on April 10.

While part of the order remains in place,the accused’s alleged relationships with gangland murderer Joshua Baines and inmate Terry Sampson may be reported.

She is alleged to have had a sexualised relationship with other inmates and a “prolonged association with a number of criminals”.

Proceeds of crime

The order also said O’Bryan was “alleged to have received $5000,being the proceeds of crime”. In a statement,the NSW ODPP said it took “all criminal accusations very seriously and continues to co-operate closely with NSW Police”.

“The staff member was immediately suspended from duty without pay when police laid charges in October 2025. In accordance with the ODPP’s Code of Conduct,a full internal investigation will take place after the criminal investigation has concluded.”

Recruitment checks being overhauled

The ODPP said it undertook “a range of recruitment checks relating to the professional ethical obligations of legal practitioners” including police checks,conflicts of interest declarations and the professional obligations required to hold a practising certificate.

“As a result of this matter,in consultation with other law enforcement organisations,the ODPP is developing more stringent recruitment checks as well as ongoing checks on suitability throughout a person’s employment.

“In relation to access to confidential information;upon learning of the serious nature of the conduct,the ODPP promptly took a number of other actions,including a comprehensive review of its IT security system in consultation with external experts. This includes further restricted staff access to sensitive material.”

The matter is next listed for a brief hearing on May 7 in Ballina Local Court.

Bail conditions imposed on O’Bryan last year required her to live in the Northern Rivers region.

She must not “attend or contact any correctional facility or inmate at any correctional facility”,or contact any prosecution witness involved in the matters while they are before the court.

Fresh headache for embattled office

The criminal proceedings are a fresh controversy for the ODPP.

The state’s top prosecutor,Director of Public Prosecutions Sally Dowling,SC,admitted to a parliamentary inquiry last year that her office was responsible for giving a negative story about a sitting District Court judge,Penelope Wass,to a Sydney radio station in 2024.

However,Dowling insisted she was unaware until recently that her office had given the information about Wass to 2GB,and she would not have authorised its release.

The story was aired after a group of District Court judges,including Wass,criticised Dowling’s office over its handling of sexual assault prosecutions.

The parliamentary inquiry examining the saga was set up to assess identity protections for children in criminal proceedings in NSW,but has focused almost exclusively on the genesis of the story about Wass. It is expected to deliver findings by May 8.

Dowling hassaid she will not resign if adverse findings are made against her.

Start the day with a summary of the day’s most important and interesting stories,analysis and insights.Sign up for our Morning Edition newsletter.