Application to review REDUCTION in rank and PERIOD OF INELIGIBILITY FOR PROMOTION –– s.146(1)(e) and s.146(1)(k) of the Victoria Police Act 2013 –– breach of discipline (disgraceful conduct) found proven (charge admitted) –– Applicant accessed LEAP database and released information to acquaintance to assist in recovering property, disclosed that person had criminal record, encouraged attendance at address –– public interest in integrity of and community confidence in Victoria Police, public interest in deterrence –– Mitigating factors: Applicant’s judgment impaired at time of disclosure; exceptional level of cooperation, remorse and insight; strong work ethic and performance –– Applicant promoted shortly after the misconduct and before it was known, early in probation period, which weighed in favour of demotion –– principle of parsimony discussed, period of ineligibility for promotion went further than necessary in all the circumstances –– Victoria Police policy which purports to automatically impose a period of ineligibility for promotion discussed –– decision to demote affirmed –– decision to impose a period of ineligibility for promotion set aside.
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