Application to review directed TRANSFER –– s.146(1)(h) of the Victoria Police Act 2013 –– Decision under s.35 (‘reasonably necessary…for the provision of policing services’) following the General Duties Allocation Committee process (GDAC) –– public interest in ensuring policing services are provided across State –– Applicant applied for Priority Positions but was not successful; did not apply for exemption from the ballot –– Applicant selected for transfer to regional location.
Applicant argues transfer is harsh, unjust or unreasonable because –– difficult start to married life, wife emigrated from India after delays and challenges due to pandemic; wife had depression and recently commenced full-time work and volunteering; purchased house a month before ballot –– did not apply for exemption; found mental health plan after closing date.
Public interest considerations: providing policing services to all parts of the State; the consistent and fair application of the GDAC ballot process; fairness to other members participating in the same system; ensuring that positions are not left vacant; not building ‘perverse incentives’ to purchase house to avoid ballot outcome –– did not apply for exemption. On other hand: supporting member’s welfare; preserve relationships; retaining trained members.
Board is not satisfied there are no new, pressing or unusual circumstances; no barriers preventing couple relocating –– low-cost police housing available, relevant employment options available –– while there are challenges in adjustment and relocation, these are temporary.
Board concludes that in all the circumstances the transfer was not harsh, unjust or unreasonable, and affirms the decision to transfer.
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