Application to review DISMISSAL –– ­­s.146(1)(m) of the Victoria Police Act 2013 –– Decisions to dismiss made under s.132(1)(h) in respect of a charge of breach of discipline (improper or disgraceful conduct, s.125(1)(j)) being found proven –– Applicant a probationary constable discussing a family violence incident involving a male same-sex couple with colleagues, made degrading, insulting and homophobic comments; knew Constable A (in his first workplace-based training placement) was gay–– Applicant says the comments were ‘venting’ due to frustration over repeated calls ; did not intend to cause offence. Applicant admitted key words and truth of charge (improper but not disgraceful). Board satisfied findings of fact sound and that conduct was disgraceful.

Public interest: human rights; ensure a safe and inclusive workplace; trust and confidence (staff and public); deter others; public interest in retaining suitable police who have shown remorse, accepted responsibility, learned etc; hold people to account for wrongful actions –– New character evidence  suggests behaviour out of character (does not hold discriminatory beliefs); Board satisfied future misconduct highly unlikely–– Applicant’s interests considered:  loss of career; youth and inexperience; otherwise excellent service. Public interest able to be served by other significant outcomes under s.132.  Board concludes on balance decision to dismiss was harsh.

27 May 2024: Supplementary reasons (on order): Consider order under s.152(3)(b)(i), s.132, Purposes: address harms by compensation (restitution, accountability); express disapproval, deter others; development and supervision; provide a further period (adjournment) during which the Applicant can satisfy the Board and his employer of his ongoing suitability.

Decision and Orders

3 May 2024: Decision on whether dismissal was harsh, unjust or unreasonable

The Board concludes that the dismissal was harsh. The Board intends to set aside the decision to dismiss the Applicant and make further orders pursuant to s.152(3)(b)(i).

The review is adjourned to a date to be fixed for submissions on the terms of an order to be made under section 152(3)(b)(i). 

27 May 2024: Orders

Board makes order at Attachment A, including: reprimand; transfer; payment of $10,000 compensation to Constable A (s.132(2)); adjourn the matter to 4 December 2024 on conditions that the Applicant is of good behaviour and other conditions: undertake courses in anger and stress management, meet with psychologist for assessment and further development; donation of $2,000 to Victorian Pride Centre Ltd.; provide letters of apology; provide evidence of compliance and learning to the Board on return date.