Application to review DISMISSAL – s. 146(1)(m) of the Victoria Police Act 2013 – Decision to dismiss made under section 132(1)(h) – improper conduct – to ensure privacy of witness and to ensure that future law enforcement activities were not compromised pseudonyms used to identify all witnesses and locations – non disclosure of sensitive information in decision (may compromise law enforcement) – sexual encounters with a person with criminal record, ongoing person of interest, failure to declare association, breach of policy – mislead supervisors when asked about relationship – specific nature of sexual acts irrelevant to obligation to declare the association – meaning of ‘improper conduct’ considered – public interest considered (police to show integrity, honesty, obey instructions, uphold law, carry confidence of community) – serious integrity risks of such conduct if exploited by criminals, declarable associations policy an important protection – serious and wilful refusal to comply, lied to supervisors – risk-taking behaviours – public interest in deterrence – Applicant’s interests – dismissal not harsh unjust or unreasonable – Dismissal confirmed.
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