Application for review – DISMISSAL – s.146(1)(m) of the Victoria Police Act 2013 – decision to impose a penalty under section 80 of the Police Regulation Act 1958 – review under transitional provisions – dismissed following conviction for unlawful ASSAULT of member of public at train station – operational safety tactics considered, use of force excessive and unjustified – appropriate for Chief Commissioner’s delegate (and the Board on review) to consider findings of fact made by criminal court and also evidence about contextual factors, mitigating and aggravating considerations relevant to the employment relationship – public interest in protecting citizens from brutality and protecting human rights, role as supervisor in mentoring and training protective services officers – proportionality and consistency of sanctions – dismissal was not harsh unjust or unreasonable – Dismissal confirmed.
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