Application to review DISMISSAL –– s.146(1)(m) of the Victoria Police Act 2013 –– breach of discipline (Engages in conduct that is likely to bring Victoria Police into disrepute or diminish public confidence in it) – Drive a vehicle with a blood alcohol concentration in excess of .05 - Applicant found to have shown remorse, reflection and insight into conduct – Delays resulting in a period of 3 years between the driving and dismissal - Board considers low risk of future misconduct, given high performing record in the intervening period of 3 years –– public interest and interests of the Applicant considered –– need for responses to drink driving to be proportional and appropriate –– Board concludes dismissal was harsh, unjust and unreasonable –– further submissions sought on form of order (s.152 (3)(b)) -Board considered public interest and interests of the Applicant, concludes that demotion to the rank of constable; a two year period of ineligibility for promotion, and a transfer to other duties at the discretion of the Assistant Commissioner North West Metro Region is a proportional and appropriate measure.
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