Application for review DISMISSAL – s.146(1)(m) of the Victoria Police Act 2013 – – pseudonyms used for witnesses and Applicant – meaning of “improper conduct” considered – Dismissal followed a finding that a breach of discipline (improper conduct) s. 125(1)(j) had occurred – discipline charge followed an investigation by IBAC and unsuccessful prosecution – Applicant as prosecutor alleged to have dealt with prosecution of a member of the public where a conflict of interest existed – competing evidence considered, findings of Magistrate’s court dismissing charges considered – relationship found to be peripheral, no gain to Applicant, no corruption, no improper outcome to prosecution or special treatment – however failed to identify apparent (perceived) conflict of interest, impact on community confidence, important role and discretion of prosecutors – public interest and interests of Applicant considered – Applicant reflective and capable of learning from mistake – Board concludes that dismissal was harsh unjust and unreasonable – Decision to dismiss set aside – after further submissions, remedial approach held to be appropriate – adjourned for 12 months with remedial conditions attached.
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