REVIEW DIVISION

Application to review disciplinary outcomes imposed after inquiry, under s.132 of the Victoria Police Act 2013 (the Act) –– directed transfer of officer to other duties (s.146(1)(g)) and imposition of ineligibility for promotion or transfer for 12 months (s.146(1(d)) –– s.154A non-publication of information which identify Applicant or witnesses, personal information –– Victoria Police and TPAV jointly submit that decision is harsh, unjust or unreasonable in light of new information about the financial impacts of transfer (loss of commuted overtime allowance, impact on disability pension) –– powers of the Board to ‘set aside’ decisions and substitute alternative decision; time of the review is the point in time at which assessment of ‘harshness’ is to be made and can include new information and considerations; decisions harsh given cumulative financial impact; decisions unreasonable as no longer consistent with inquiry officer’s expressed purposes of the transfer –– Board does not have power under s.146 to review inquiry officer’s determination (adjournment on conditions) –– Board concludes the decisions to transfer and impose a 12 month period of ineligibility for transfer or promotion are ‘harsh, unjust or unreasonable’ and are set aside.