Application to review DISMISSAL - s.146(1)(m) of the Victoria Police Act (the Act) - Decision to dismiss under section 70(2) (Chief Commissioner is satisfied that the officer is incapable of performing his or her duties) - meanings of incapable, inefficient, incompetent considered - where notice of incapacity must specify a specific outcome - whether Division 6 and natural justice requires all adverse information to be put to person for response - Board concludes evidence establishes Applicant's incapacity in key domains of capability - referees' opinions not relevant: requires objective and structured assessment of capacity - public interest and Applicant's interests considered - public interest in providing responsive, safe, cost efficient; competent policing service, effective enforcement of the law and administration of justice; limit additional workload or stress on supervisors and colleagues - Victoria Police Act 2013 and Fair Work Act 2008 compared; statutory processes are different, however Victoria Police like any other employer not required to accept substandard work performance - Board concludes dismissal was not harsh unjust or unreasonable - section 154A(2) considered, no relevant public interest ground established to redact information.
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