Review Decision

Application to review DISMISSAL –– s.146(1)(m) of the Victoria Police Act 2013 –– Decision to dismiss made under s.136(1)(f) following criminal charge of unlawful assault (s. 23 of the Summary Offences Act 1966) being found proven –– UNLAWFUL ASSAULT of youth in custody ––Insufficient information available to Chief Commissioner’s delegate on the findings of the Magistrate –– significant and prejudicial inaccuracies in the description of events included in the criminal charge summary prepared by the informant and provided by the informant for the purpose of preparing the expert report provided by the Centre for Operational Safety to the Court –– Board considered all evidence including CCTV and evidence from Senior Sergeant Vogel (Centre for Operational Safety) and concludes the Applicant affected a restraint after a risk analysis and consultation in a dynamic situation which involved real risks of harm –– actions not motivated by desire to harm or humiliate the victim but to prevent property damage, self-injury to victim and risks to staff –– restraint technique applied was consistent with operational safety and tactics training –– Magistrate’s decision that the defence in s.462A of the Crimes Act 1958 was not made out–– use of force by the Applicant to restrain youth was an error of judgment in a dynamic and complex situation, no intention to cause pain or humiliation –– not a deliberate breach of law –– no previous concerns raised previously relating to use of force or loss of control –– no ongoing concerns about temperament or character –– no attempts to conceal, Applicant cooperative, open and truthful –– integrity of and community confidence in Victoria Police considered –– public interest not served by dismissal–– inaccuracies in informant’s descriptions of events––excessive delay considered –– public interest in consistency and predictability of discipline outcomes, previous Board decision distinguished –– Applicant’s interests considered –– Board concludes dismissal was harsh unjust or unreasonable –– hearing adjourned for further submissions as to order under s.152(3).