Application to review DISMISSAL –– s.146(1)(m) of the Victoria Police Act 2013 –– Decision to dismiss made under section 132(1)(h) following two charges of breach of discipline (disgraceful conduct) being found proven (the truth of the charges being admitted) –– First charge related to sending inappropriate emails over the Victoria Police email system between March 2008 and June 2009; image of deceased child in undignified position, extracted from coronial inquest brief sent to a person external to Victoria Police, and also to police colleague for purpose of amusement; graphic images and video showing death and dying sent to two people outside organisation; pornographic files forwarded to home address –– Parity with Operation Barrot matters discussed; this matter distinguished as Applicant had a legal and moral duty to preserve confidentiality of information and release was a misuse of position; release of photo humiliating and improper, with potential for serious impact on community confidence in police – second charge related to sexual harassment and demeaning sexist remarks to a female colleague June 2019 –– While remedial approaches appropriate in many contexts, Applicant’s extensive disciplinary history indicates limited insight and teachability –– public interest and interests of Applicant discussed –– order under s157(3A) information excluded from decision (s154A(2)) in the public interest to ensure witnesses and persons adversely affected are not identified and their privacy and welfare is protected.
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