Application to review directed TRANSFER –– s.146(1)(h) of the Victoria Police Act 2013 –– Decision under s.35 (‘reasonably necessary…for the provision of policing services’) following the General Duties Allocation Committee process (GDAC) –– public interest in ensuring policing services provided across State –– Applicant applied for Priority Positions but not successful; application to GDAC for exemption from ballot not accepted.
Applicant selected for transfer to regional location, argues transfer harsh, unjust or unreasonable because: a) he is in a de facto relationship with ‘A’; b) A’s plans to compete in elite sport in first 9 months of 2024 prevent relocation; c) A has injury requiring medical treatment in Melbourne; d) A’s mother’s surgery in November 2023 requires care from Applicant and A; e) stress of relocating without partner, housing needs.
Public interest: providing policing services to all parts of the State; consistent and fair application of the process and tests for exemption; ensuring positions not left vacant; welfare; support for families and relationships; retention.
Board concludes: While relationship is serious and committed, couple not cohabiting, not a de facto relationship at this point; A’s sporting goals may be impacted by injury and in any event will conclude in 2024; A not willing to relocate in any event; A’s mother’s not dependent on Applicant for care, nor on A’s care for any extended period not able to be addressed by carer’s leave. Any directed transfer carries transitional challenges and the need to travel and manage time to retain connection to partner, family and friends; inherent requirement of the police position. The Applicant’s circumstances are not unusual or exceptional and the transfer is not harsh, unjust or unreasonable.
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