Application to review DISMISSAL –– s.146(1)(m) of the Victoria Police Act 2013 –– Decision to dismiss made under section 136 after convictions for common law assault and attempt to pervert the course of justice –– Applicant serving 12 month prison sentence –– Submitted dismissal ‘unreasonable’ as appeal on criminal conviction pending –– section 136(3) discussed (allows reinstatement if conviction set aside, decision subject to judicial review) –– status and powers of suspended police discussed, not practicable to be a serving police officer and in prison, even if suspended, impact on community confidence, strong public interest in favour of prompt dismissal –– use and presentation of character testimonials –– onus on person affected to present mitigating information relevant to the s. 136 decision –– public interest considered (prevention of police brutality; human rights; integrity of and community confidence in police and the administration of justice; deterrence), harms to individuals –– Applicant’s interests –– Board concludes dismissal was not harsh unjust or unreasonable – ADDENDUM 28 May 2019: Supreme Court set aside the Applicant’s convictions and sentences and a judgment of acquittal ordered on the alternative verdict of assault on charge 1, and on charge 4, attempting to pervert the course of justice.
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