Application to review FINE –– s.146(1)(j) of the Victoria Police Act 2013 –– Decision to fine Applicant $2,000 s.132(1)(c) following a charge of breach of discipline (failure to comply with the Chief Commissioner’s instructions) proven –– Applicant and another police officer engaged in a vehicle pursuit and intercept using mobile phone to communicate, instead of proper communication with police radio operators; Applicant then performed ‘boxing in’ manoeuvre in police vehicle; in breach of Pursuits Policy –– principles for determining sanctions for police discipline discussed –– principle of parity of outcomes discussed (Chief Commissioner of Police v McCann); previous recent discipline outcomes examined and compared; Applicant’s sanction significantly more severe than when relevant factors compared –– goals of sanctioning discussed (specific and general deterrence, censure, remedial and risk mitigation) –– principle of parsimony discussed (sanction to be no more serious than is required to achieve goal) –– interests of Applicant and public interest considered –– Under section 154 (2)(b) Board set aside the decision to fine the Applicant $2,000, and substituted a reprimand under section 132(1)(a) of the Act.
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