Application to review PERIOD OF INELIGIBILITY FOR PROMOTION –– s.146(1)(k) of the Victoria Police Act 2013 –– two breaches of discipline: Charge 1: engaging in conduct likely to bring Victoria Police into disrepute or diminish public confidence in it, breach of Chief Commissioner’s instruction, driving at average of 92 kph in 60kph zone with arrested person (Mr W) in van; Charge 2: breach of VPM, driving authority and Chief Commissioner’s instruction: driving at average speed of 154kph to urgent call out in breach of driving authority and VPM policy on Urgent Duty Driving. Charges found proven (truth of charges admitted)
ON REVIEW: Board’s review powers under s.154 (public interest, interests of applicant); Inquiry Officer made strong findings of aggravating considerations (Applicant ought to have challenged sergeant’s direction to transport Mr W, other alleged failures) not the subject of the charge notice; further, not reasonable findings –– whether police “must follow orders” discussed (recognise difficulties of challenging orders in operational incidents and for junior police.)
ADDITIONAL MITIGATING CONSIDERATIONS: unclear policy guidance or training regarding risk assessments on driving practices when transporting people; Applicant and colleague allocated a priority 1 family violence call before transporting Mr W; instructed by sergeant to “bust ass” to attend; Applicant was a trainee under supervision; suggestion of workplace culture at DTW station of risk-taking driving practices –– PUBLIC INTEREST: ensuring driving authority restrictions adhered to; safety, dignity and human rights of persons in police custody; protection of the public; public interest in ensuring fair process; INTERESTS OF THE APPLICANT: remedial approach desirable; delay and impacts, order denying promotion would lead to compounding loss of income, not necessary to protect public; Applicant has shown thoughtful insight; promotion already delayed 3 months by operation of promotion policy; reprimand is proportional and sufficient.
Order
- Pursuant to section 154 of the Victoria Police Act 2013, the determinations of Mr Payne made on 1 November 2021 in respect of each of Charge 1 and Charge 2 to impose a period of ineligibility for promotion for a period of nine months pursuant to section 132(1)(d) of the Victoria Police Act 2013, are set aside.
- Pursuant to section 154 of the Victoria Police Act 2013, in substitution for those determinations, the Board makes the following determinations, which the person who made the decision could have made pursuant to section 132 of the Victoria Police Act 2013:
In respect to Charge 1: Leah Carpenter First Constable 42948 is reprimanded.
In respect to Charge 2: Leah Carpenter First Constable 42948 is reprimanded.
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