Application to review DISMISSAL –– s.146(1)(m) of the Victoria Police Act 2013 –– breaches of discipline (disgraceful conduct; act in a manner prejudicial to the good order of Victoria Police) found proven (charge admitted) –– SEXUAL HARASSMENT –– DISOBEY INSTRUCTION.
Procedural fairness issues –– decision purportedly made to retain the Applicant communicated to him, relied upon but then reversed; whether appropriate consideration of expert psychological reports –– mental health condition found to be a significant link to behaviour and a mitigating consideration –– significance of differences in accounts given between interview and inquiry–– Applicant found to have shown remorse, reflection and insight into conduct –– Board considers low risk of future misconduct, given recent record of good conduct, psychological treatment, genuine remorse –– public interest and interests of the Applicant considered –– need for responses to sexual harassment to be proportional and appropriate –– Board concludes dismissal harsh, unjust and unreasonable –– Board considers alternative orders (adjournment or financial penalty not appropriate in the circumstances) –– Board sets aside decisions to dismiss (s.152(3)(b)(i) and in substitution for it, to reprimand the police officer under section 132(1)(a) in respect of each of Charge 1 and Charge 3.
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