Review Decision

Application to review DISMISSAL – section 146(1)(m) – Decision to dismiss made under section 80 of the Police Regulation Act 1958 – pseudonyms used so as to not identify witnesses – following two traffic convictions – careless driving and failing to give name and address after a collision after police social function – found proven in the Magistrates Court (but no drink driving conviction) –– whether hearing officer had regard to irrelevant considerations and unproven matters – importance of providing adequate particulars of charge – where proceeding under criminal conviction provisions, findings of fact to be considered by reference to Court decision (no contrary findings and no new defences or pleas in mitigation) – however contextual information and information about mitigating and aggravating considerations relevant to employment decision may be introduced, and if introduced, may be tested – Applicant submitted ran from scene as recognised an OMCG member at scene – evidence of heavy drinking discussed including CCTV – evasion of breath-testing – standard of proof and approach to evidence discussed – public interest, community confidence affected if officers disregard the law, impact on police integrity if perceptions of police covering up each others’ indiscretions – there is room for a remedial approach provided early admissions and full cooperation (not shown here) – Board concludes that dismissal was not harsh unjust or unreasonable – Dismissal confirmed.