Review Decision

Application to review decision to transfer of the Applicant from a specialist branch –– direction to transfer followed Applicant’s making a protected disclosure complaint (found to be unfounded), workplace conflict and claim from work colleagues that the Applicant’s return to work was a risk to their health and safety ––whether Regulation 11 of the Victoria Police Regulations 2014 provides a power to transfer the member –– Act considered as a whole, based on principles of statutory interpretation –– section 33 contains broad and general power to transfer (not regulation 11) –– general power to transfer in section 33 is to be read subject only to any specific requirement or constraint in other transfer provisions of the Act and regulations, including section 35 (directed transfer) –– decision to transfer the Applicant was not for the purpose of “the provision of policing services” therefore not within the remit of section 35 –– decision made validly under section 33 –– public interest and Applicant’s interests considered (s.151) – fairness of process (opportunity to respond to adverse information) considered –– desirability of avoiding management of workplace conflict by exclusion –– evidence of risks to health and safety of other employees accepted –– Board not to stand in shoes of original decision-maker and make its own decision, but assess whether the decision made is harsh, unjust or unreasonable, in all the circumstances –– public interest in safe and productive workplace and impacts on Applicant considered –– decision based on valid and legitimate reason and not harsh unjust or unreasonable –– decision to transfer affirmed.