Application for review – DISMISSAL – review under s. 146(1)(m) of the Victoria Police Act 2013 – breach of discipline (disgraceful conduct, s132(1)(h)) – DRINK DRIVING offence proven – reading of 0.082 % BAC, collision,– mitigating considerations: no evidence of flagrant disregard for law, failure to carefully and methodically count drinks, Applicant cooperative and remorseful, exemplary work performance and no previous misconduct – role of police discipline system not to further punish criminal behaviour (Human Rights Charter considered) but to protect community, consider suitability for ongoing employment, standing to uphold law, police integrity, public trust and confidence – deterrence of other police an important public interest consideration – outcome to be proportional, consider all circumstances – dismissal found to be harsh unjust and reasonable, set aside and substituted with fine $1000 and order to be ineligible for promotion for 12 months.
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