Review Decision

Application for review DISMISSAL – s. 146(1)(m) of the Victoria Police Act 2013 – Decision to dismiss made under s.132(1)(h) following a breach of discipline (improper conduct) being found proven - inappropriate behaviour towards two female members (touching bottoms) – pseudonyms used to identify complainants, witnesses and locations/workplace – contrary to public interests if names revealed as it would likely discourage future complainants coming forward – Board considered public interest – suitability for ongoing employment (relevance of remorse, insight, apology, admissions, low risk future misconduct; whether improper credit attack on witness); public interest in providing workplace free of gendered hostility (regardless of intention) – relevance of timing of VEOHRC report and clarity with which expectations of conduct communicated and understood – future acts of this type viewed as wilful disregard of Chief Commissioner’s requirements – discipline outcome to be proportional and reasonable, in all circumstances – Board found dismissal was harsh unjust and unreasonable – Dismissal set aside – in considering outcome: conduct showed failures as supervisor, need for fresh start after difficult working environment – in lieu of dismissal demotion to senior constable and one year ineligibility for promotion– able to be transferred to other duties at discretion