Application for review – TERMINATION under s. 38(6) of the Victoria Police Act 2013 of Protective Services Officer during training period – review sought pursuant to s.146(2)(j) – alleged physical (indecent) assault of another PSO during training – INAPPROPRIATE WORKPLACE BEHAVIOUR whether mitigating considerations concerning training environment or provocation – evidence considered, concluded that conduct was deliberate, improper and serious – public interest and interests of Applicant considered – period of training is in part to ascertain suitability for ongoing employment (similar to a probation period) – O’Rourke v Miller considered – Chief Commissioner has discretion and duty to terminate a recruit where reasonable doubts about suitability – Board concludes that termination was not harsh unjust and unreasonable – Termination confirmed.
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