REVIEW DIVISION

Application to review directed TRANSFER –– s.146(1)(h) of the Victoria Police Act 2013 –– Decision to transfer made under section 35 (“reasonably necessary to do so for the provision of policing services”) following the General Duties Allocation Committee process (GDAC) –– public interest in ensuring adequate policing services are provided across the State, and staff and community in regional locations are not impacted by excessive vacancies –– Applicant applied for one of two available Metropolitan Priority Positions, says he thought had applied for both; did not apply for other country positions in commuting distance; did not seek ballot exemption (overseas at time application was due, but aware of process and timelines) –– onus is on constables to participate in process and present arguments for exemption; guidance clear, applicant offered assistance ––  public interest in review not being a ‘second bite at the cherry’ ––  Applicant sought to present documents to Board not before the GDAC, some admitted (as involved new issues) and others refused on basis no exceptional circumstances (s.149) –– Applicant argued partner was unable to relocate with him due to work commitments and opportunities; transfer will separate him from his partner, resulting in mental health and welfare concerns; difficulty in managing remote relationship; defers plans to purchase house together, removes social supports –– Applicant in a committed relationship which is relatively new; recent cohabitation; no financial loss from transfer –– travel time is onerous (5 hours), flexible working arrangements and generous leave can facilitate regular travel to Melbourne; beneficial tax treatment of remote work –– can mitigate some burdens of the transfer –– Public interest of applying a fair and consistent approach to assessing grounds of hardship or special circumstances –– Special nature of service as a police officer and giving of commitments upon joining ––  Board concludes on balance that the transfer was not harsh, unjust or unreasonable and affirms decision to transfer.