Name
DESMET
Case code
A68/2020
Date of decision
Decision reviewed
Transfer – directed or compulsory
Decision subject
Operational needs
PRSB order
Decision affirmed

Application to review directed TRANSFER –– s.146(1)(h) of the Victoria Police Act 2013 –– Decision to transfer made under section 35 (“reasonably necessary to do so for the provision of policing services”) following the General Duties Allocation Committee process (GDAC) –– public interest in ensuring policing services are provided across the State –– GDAC process is fair and transparent ––Applicant had not sought a Priority Position –– onus is on constables seeking to stay within the metropolitan area to apply for such positions ––  desirable to apply a fair and consistent approach to assessing grounds of hardship or special circumstances –– process and considerations o0f GDAC made explicit and very clear ––  admission of documents not before the GDAC discussed (held that exceptional circumstances were not established (s.149) –– Applicant’s Airforce reserve service commitments able to be accommodated through paid leave entitlement –– Applicant seeks to raise new ground (continuation of relationship with partner based interstate) –– Applicant has not established new or changed circumstances nor undue hardship or impracticability which would warrant being released from the commitment given at recruitment to serve within the State ––Board concludes transfer was not harsh, unjust or unreasonable and affirms decision to transfer.

Author
Police Registration and Services Board
Publisher
Police Registration and Services Board
Date of Publication

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