Name
KEARNEY, F
Case code
A97/2015
Date of decision
Decision reviewed
Dismissal - criminal finding
Decision subject
Drug and or alcohol
PRSB order
Decision affirmed

Application to review – DISMISSAL- s.146(1)(m) of the Victoria Police Act 2013 – Decision to impose a penalty under section 136(1)(f) – following a conviction before the Local Court (NSW) for possession of a prohibit drug which carried punishment of imprisonment – open to Board to consider contextual and mitigating factors, but not to rely on accounts inconsistent with court’s findings – Chief Commissioner’s delegate not biased by giving member indicative guidance on outcomes, however dismissal found to be unjust and unreasonable due to his reliance on redacted information not before court obtained, no opportunity for Applicant to respond to it –-public interest and interests of the Applicant – Board ordered dismissal as the appropriate outcome (section 152(3)(a)(i)).

Author
Police Registration and Services Board
Publisher
Police Registration and Services Board
Date of Publication

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