REVIEW DIVISION

Application to review directed TRANSFER –– s.146(1)(h) of the Victoria Police Act 2013 –– Decision under s.35 (‘reasonably necessary…for the provision of policing services’) following the General Duties Allocation Committee process (GDAC) –– public interest in ensuring policing services are provided across State –– Applicant applied for Priority Positions within NWM Division 5 but was not successful; did not apply for positions within commuting distance where she would have been successful) nor for exemption from the ballot.  

Applicant selected for transfer to regional location –– spouse refuses to re-locate –– Applicant flagged difficulties in relationship, concerns over health and wellbeing of spouse and strong desire to focus on maintaining marriage and living in one household –– unwilling to provide significant detail in hearing due to privacy issues –– says unable and unwilling to maintain two households and would be compelled to resign if transferred –– accepts made a mistake in not applying for priority positions, was ‘not thinking’.

Public interest considerations: On one hand: providing policing services to all parts of the State; the consistent and fair application of the GDAC ballot process; fairness to other members participating in the same system; ensuring that positions are not left vacant; not building ‘perverse incentives’ to constables to not apply for priority positions for which they are eligible and instead seek to rely upon review rights. On other hand: supporting member’s welfare; preserve families and relationships; retaining trained members (cost, recruitment challenges).

Applicant took significant gamble in seeking to remain at current work location. Onus is on participants to follow advice given to them. Board notes s.34 (transfer on request) can request employer’s consideration of her personal situation. Board concludes that in all the circumstances the transfer was not harsh, unjust or unreasonable, and affirms the decision to transfer.