REVIEW DIVISION

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. 3 May 2024: Decision on whether dismissal was harsh, unjust or unreasonable The Board concluded that the dismissal was harsh. The Board indicated its intention to set aside the decision to dismiss the Applicant and make further orders pursuant to s.152(3)(b)(i). 27 May 2024: Orders Board considered orders to be made 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. Board made 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. Decision and orders were published on 3 June 2024. 4 December 2024: return of adjournment The adjourned hearing re-commenced on 4 December 2024. The Board considered the evidence provided and heard from the applicant. Board is satisfied that the Applicant has complied with all conditions of the adjournment set in the 27 May 2024 order, and is satisfied that the Applicant has been of good behaviour. Accordingly, the Board dismisses the charge as required by s.134(2) of the Act.