Review Decision

Application to review DISMISSAL –– s.146(1)(m) of the Victoria Police Act 2013 –– Decision to dismiss made under section 132 (1)(h) following breach of discipline (disgraceful conduct) being found proven –– use of pseudonyms and non-publication of information considered –– pattern of “disrespectful, unprofessional and disgraceful conduct towards colleagues and subordinates” including offensive comments and showing of images, presenting equal opportunity workplace briefings in a manner which undermined the intent –– whether conduct ‘disgraceful’ –– whether a ‘course of conduct’ –– impact of refusal to allow for cross-examination witnesses –– approach to considering evidence, Briginshaw standard, some events found on review not proven to required standard (showing pornography in workplace for gratuitous reasons rather than in course of police duty) –– significance of conduct occurring after clear directions following the VEOHRC review –– relevance of no intention to offend ––capacity to change behaviour, presents ongoing risk –– individual, organisational and community harm and public interest in changing workplace culture of casual sexism –– human rights –– public interest in deterrence –– Applicant’s interests considered –– Board concludes dismissal was not harsh unjust or unreasonable.