REVIEW DIVISION

1. 1. Background to the applications for review

About this decision

1. Constable Clare Butler is appointed to Victoria Police as a police officer, to the Gazetted position of Line Pilot (helicopter pilot) in the Victoria Police Air Wing (VPAW). As an appointed police officer, she is subject to the Victoria Police Act 2013, the applicable enterprise agreement applying to police officers, and to policies, instructions, and directions of the Chief Commissioner of Police, as are the Chief Pilot and the police officers who supervise and direct her in her duties. Line Pilots (no matter how senior) are designated at the rank of constable of police.
2. This decision deals with two applications for review lodged by Constable Butler:

2. 1. A17/2022: Review of a decision given 15 March 2022 to “otherwise compulsorily transfer” her to the RPAS while an internal review of safety was undertaken, or to 30 June 2022 (The first review, of the first decision.). This interim decision deals with the jurisdictional question of whether this decision is reviewable by the Board under s.146(1)(i) and gives directions for the further conduct of this review.
   2. A34/2022: Review of a decision given 13 May 2022 to “otherwise compulsorily transfer” her to the VPAW but without any flying duties. This interim decision deals (in part) with the question of whether this decision is also reviewable by the Board under s.146(1)(i) (The second review of the second decision) and gives directions for the further conduct of this review.
3. As the two matters have significant commonality in the events, legislation considered and the reasons given, the Board gives both decisions in these written reasons. The Board has concluded for the reasons below that both the first and second decisions are amenable to review under s.146(1)(i) for the reasons set out below. The Board then provides directions for the further conduct of the matters.