Application to review TERMINATION (PSO RECRUIT) –– s.146(2)(j) of the Victoria Police Act 2013 –– Decision to terminate made on 7/1/22 under s.38(6) (before Applicant took oath or affirmation of office) –– Applicant alleged to have engaged in improper conduct (academic misconduct) –– suitability inquiry considered statements of eye-witnesses and documents –– Applicant alleges tensions and conflict within Squad motivated false complaints –– Board concludes no evidence of collusion or concoction –– standard of proof, approach to findings of fact –– evidence considered as a whole supports finding of academic misconduct –– public interest considered (public interest in the integrity of, and community confidence in, Victoria Police; integrity and fairness of recruitment and assessment processes) –– purposes of legislative scheme (s.38 and s.39 permit termination “at any time” prior to completion of probation, O'Rourke v Miller–– Applicant’s interests–– Board concludes termination was not harsh unjust or unreasonable –– decision to terminate affirmed.
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