Review Decision

Application for review – DISMISSAL – s.146(1)(m) of the Victoria Police Act 2015 – Decision to dismiss s. 76(1)(g) of the Police Regulation Act 1958 – review under transitional provisions – breach of discipline (improper conduct) – DRUGS: test positive to anabolic steroid – natural justice – Applicant not afforded opportunity to fully advance case – meaning of “improper conduct”, covers reckless conduct as well as intentional – Applicant contended alternative explanations for drug test (consumption of liver, use of injected vitamins) – evidentiary standard discussed (balance of probabilities, Briginshaw, ‘comfortably and reasonably satisfied’) – Board not comfortably and reasonably satisfied that consumption was intentional, but concluded it was reckless and careless and therefore improper conduct – risks of sports supplements noted – public interest, interests of Applicant, mitigating considerations considered (strong work performance, personal circumstances affecting judgment; public interests in deterrence, integrity, public confidence, standing to uphold law) – pseudonym used – Dismissal found to be unjust and set aside – role of adjournment bonds discussed (not sanction, but further period to assess suitability for ongoing employment) – conditions attached focused on health and wellbeing (be of good behaviour, drug testing, support and guidance, provision of further report to Board) – ADJOURNED under s.76(1)(b) PR Act for 12 months.