Application to review DISMISSAL –– s.146(1)(m) of the Victoria Police Act 2013 –– Decisions to dismiss made under section 132(1)(h) in respect of three charges of breach of discipline (improper or disgraceful conduct) being found proven –– Applicant made series of (variously) sarcastic, belittling and degrading comments about gay, non-binary and transgender people on social media (the Victoria Police internal platform Yammer, LinkedIn, Facebook) where he was identifiable as a police officer –– Applicant interviewed and charged over two tranches of publications on 2021 Charge 1: 17 May to 18 October 2021 –– Applicant made further such comments after committing that he would stop doing so –– Applicant finally made racist comments on an online newspaper article on 8 August 2022 (charge 3) –– Public interest considered (human rights; safe and inclusive workplace; cannot hold bigoted views and provide non-discriminatory policing services, hold trust of community; need to deter others; discipline police force) –– Applicant has made clear that he will not change his views nor curtail his expression of those views, and will not comply with social media policy –– interests of Applicant considered –– Board concludes the decision to dismiss was not harsh, unjust or unreasonable affirms decisions to dismiss (on each charge).
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