Application to review decision to require the Applicant to perform duties at Headquarters–– Applicant held position as senior sergeant (Senior Supervisor) –– preliminary issue is whether the decision was a ‘decision to otherwise compulsorily transfer’ within the meaning of s.146(1)(i) of the Victoria Police Act 2013 (the Act) and reviewable by the Board –– decided in the affirmative –– Act does not define ‘transfer’; term used in Act to cover transfers to another position, location or duties including on a temporary basis, and whether or not described as a transfer –– whether a transfer is a matter of degree and common sense –– whether decision made pursuant to s.33 or s.14(2) is not relevant to whether it is a “transfer” for the purposes of s.146(1)(g) (“to otherwise compulsorily transfer”) –– Act to be read beneficially (review rights) –– under s.151 public interest considered (effective operation of Unit; welfare and health and safety of Applicant and other personnel; capability development; interests of the Applicant (welfare, fair process, delay) –– Duties of Applicant significantly changed, therefore Board’s powers under s.153(1)(e) ––Board concerned that transfer is expressed to be open-ended – Interim decision: transfer will be affirmed (not satisfied that the decision was harsh, unjust or unreasonable) provided that an undertaking is given that the transfer will be withdrawn no later than 31 January 2022.
These link(s) will open in a new browser window.
You may need Adobe® Acrobat® Reader or Libre Office to view the document(s) on this page.