Name
'BTC'
Case code
A18/2018
Date of decision
Decision reviewed
Transfer – directed or compulsory
Decision subject
Operational needs
PRSB order
Decision affirmed

Application to review decision to require the Applicant to perform duties at Station A instead of Station B –– Applicant held position as regional sergeant (General Duties) with initial duty at Station B after earlier compulsory transfer from a specific highway patrol position –– preliminary issue is whether the decision to move the Applicant from station B to Station A was a ‘decision to otherwise compulsorily transfer’ him within the meaning of section 146(1)(i) of the Victoria Police Act 2013 (the Act) and reviewable by the Board decided in the affirmative –– Act does not define ‘transfer’ and uses the term broadly in the Act to cover variously transfers to another position, location or duties –– Act to be read beneficially unless clear intention to confine review rights –– under section 151 public interest considered, including need for flexible and rotated deployment to promote welfare of police and capability development; interests of the Applicant considered including personal disruption and concerns about work location at Station A –– Duties of Applicant unchanged, therefore Board’s powers under section 154 –– Board not satisfied of basis to overturn decision –– decision to transfer affirmed (section 154(2)(a)).

 

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