Review Decision

Application to review DISMISSAL – s. 146(1)(m) of the Victoria Police Act 2013 – Decision to dismiss made under section 132(1)(h) following a breach of discipline (disgraceful conduct) being found proven – USE OF FORCE – Applicant assaulted a 20 year old walking home (pushed into fence, punched fence, rude and aggressive, person cooperative), failure to submit use of force reports – protected disclosure, vulnerable witnesses, pseudonyms used to identify all witnesses, locations and Applicant (as identifying applicant may identify complainant and police witness) – order made under section 157(3) to prevent disclosure of information derived from hearing – mitigating circumstances relating to stress – integrity and maintenance of community confidence in police paramount – real or perceived verbal disrespect never warrants physical abuse , force must not be used to punish­, humiliate – force must be used in accordance with law and policies, not personal belief systems – impact on young person, other witnesses, community trust in police, impact on small community – lack of insight, reflection and remorse –consistency (parity) of previous decisions discussed, noted social mores can change – ­social and financial impact on applicant – Board concludes that dismissal was not harsh unjust or unreasonable – Dismissal confirmed.