Review Decision

Application to review – FINE and DISMISSAL- s. 146(1)(j) and (m) of the Victoria Police Act 2013 regarding two breaches of discipline: (Charge 1) s. 125(1)(j) (disgraceful conduct) (DRUGS testing positive to a controlled substance – DISMISSAL – adequacy of particulars of charge notice discussed, must be sufficient to provide opportunity to respond – targeted drug testing and analysis not conducted in accordance with the procedure in the Victoria Police Regulations 2014 – Board determined to not take account of the testing given substantial non-compliance with Regulations – reliance upon certificate of testing without: adequate expert interpretation as to meaning; extremely low result below expert protocols for workplace testing and reporting of a positive result; lack of confirmation testing for metabolites; failure to consider alternative explanations for result including workplace exposure; failed to consider Applicant’s expert report; evidence of anti-drugs behaviours – public interest (police integrity, compliance with drug testing regime, natural justice) and interests of Applicant considered (impact of dismissal harsh) – dismissal harsh unjust and unreasonable – finding that charge of ‘disgraceful conduct’ found proven SET ASIDE by the Board and substituted with ‘not proven’ . (Charge 2) s. 32(1)(c) of failing to comply with an instruction of the Chief Commissioner – DECLARABLE ASSOCIATION, BREACH POLICY – infrequent social, SMS, Facebook contact with member of OMCG) – evidence Applicant knew of OMCG connection found to be unreliable, but held she was sufficiently aware of some criminal conduct that she was obliged to declare an association – FINE of $1000 confirmed