REVIEW DIVISION

Application to review compulsorily transfer (s.146(1)(i))–– Applicant transferred from Division 5, North-West Metro, to NWM Support Services Division under s. 33 due to workplace conflict and perceived deficiencies in conduct and performance –– Board concludes that misconduct or improper behaviour not established  ––  concerns expressed regarding the Applicant’s conduct around a death of a colleague and relationship with a  colleague unreasonable; Superintendent did not present allegations to the Applicant for response, some matters readily rebuttable; some allegations general and without particulars such that the Applicant could not meaningfully respond –– complex workplace dynamic with interaction between personal and working relationships ––  evidence of a breakdown in working relationships requiring response

Compulsory transfer of Applicant and rationale for the transfer unfair in all circumstances –– Applicant sought transfer by agreement (s.34) ––  following hearing, Victoria Police set aside transfer and requested Board not issue a decision, new transfer not yet agreed –– Applicant declined to withdraw review –– whether Board has jurisdiction to determine review (s.153) –– Board’s function in finding whether the decision was “harsh, unjust and unreasonable” extant; while Victoria Police reversed the transfer, the Board’s consideration of order including recommendations or directions also extant, jurisdiction to determine review exists ––  Board satisfied transfer decision was “harsh, unjust or unreasonable” (s.153 (2)) ––decision to set aside the transfer decision not required, Board refers the matter for determination by the Chief Commissioner in accordance with recommendations (s153(3)).