REVIEW DIVISION

Application to review directed TRANSFER –– s.146(1)(h) of the Victoria Police Act 2013 –– Decision to transfer made under section 35 (“reasonably necessary to do so for the provision of policing services”) following the General Duties Allocation Committee process (GDAC) –– public interest in ensuring policing services are provided across the State –– GDAC process is fair and transparent –– desirable to apply a fair and consistent approach to assessing grounds of hardship or special circumstances which ensures policing services are provided to all communities –– relevant that Applicant had sought a priority position and applied for an exemption –– Applicant submitted transfer would be harsh because: a) his wife had secured a 12-month contract position as a lawyer in Melbourne, there was no suitable employment in Mildura, her career prospects and earnings would be significantly damaged if she was forced to resign, and it would cause difficulty for her employer which was contrary to the public interest; it was not practicable or reasonable to be separated for two years; b) the Applicant sought to remain close to his family as his father suffered a heart attack and was struggling physically and mentally,[REDACTED S154A]; c) he sought to maintain his community work through his church –– Applicant sought to present additional documents (statements) –– Board not satisfied exceptional circumstances (s.149) and declined to admit documents –– Board outlined general principles regarding responsibilities as a carer (noting Equal Opportunity Act 2010); impact on spouses and genuine de facto partners –– Board not satisfied that Applicant’s care and support for father was of the nature of a carer within the meaning of that Act –– Board satisfied that spouse’s employment was a new circumstance which did not exist at the time of recruitment and she could not relocate without resigning, which would involve significant personal detriment; and detriment to the public interest given the nature of her work (including on behalf of Victoria Police); not reasonable to expect couple to live apart in all the circumstances (including costs of maintaining two households, impact on wellbeing and expectations of mutual support) –– community connections and involvement not a relevant consideration ––  Board concludes that transfer is harsh, unjust or unreasonable and sets aside decision to transfer –– information capable of identifying the Applicant omitted from reasons (s.154A).