Name
GBP
Case code
R1/2025
Date of decision
Decision reviewed
Transfer s.35 – GDAC
Decision subject
Operational needs
PRSB order
Decision set aside
  1. 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 did not seek exemption from ballot, as situation changed significantly over Christmas period –– ­Applicant provides significant daily personal care to elderly grandmother who has serious and complex health needs, cognitive deterioration and is highly resistant to other forms of support –– no other means of providing care in the short to medium term, cannot be provided by commuting –– public interest including Human Rights Charter and compliance with s.19 of the Equal Opportunity Act 2010, employer must accommodate employee's responsibilities as a carer –– Board considered the regrettable impact of setting aside transfer on staffing levels in the regional station ––  Board concludes on balance that the transfer was harsh and unjust given its impacts on vulnerable person in need of care and support,  and sets aside the decision to transfer. 

Author
Police Registration and Services Board
Publisher
Police Registration and Services Board
Date of Publication

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