Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 68D

What may the Appeals Board order?

68D. What may the Appeals Board order?





(1) If the Appeals Board is satisfied that the decision to dismiss the
applicant from the force was not sound, defensible or well-founded, the
Appeals Board may-

   (a)  order the Chief Commissioner to re-instate the applicant as a member
        of the force on terms not less favourable to the applicant than those
        that would have been applicable if he or she had not been dismissed;
        or

   (b)  if the Appeals Board considers that it would be impracticable to
        re-instate the applicant, order the Chief Commissioner to pay to the
        applicant an amount of compensation not exceeding the amount of
        remuneration of the applicant during the period of 12 months
        immediately before being dismissed; or

   (c)  refer the matter back to the Chief Commissioner for re-consideration
        in accordance with any directions or recommendations that the Appeals
        Board considers appropriate.

(2) If the Appeals Board makes an order under subsection (1)(a), it may also-

   (a)  order the Chief Commissioner to pay the applicant an amount stated in
        the order that does not exceed the amount that the applicant would,
        but for being dismissed, have received before being re-instated; and

   (b)  order that the period of service of the applicant as a member of the
        force is taken not to have been broken by the dismissal.

(3) If the applicant was on leave without full pay during any part of the
period of 12 months immediately before being dismissed, the maximum amount of
compensation that may be ordered under subsection (1)(b) to be paid is to be
determined as if the applicant had received full pay while on leave.

(4) When assessing any compensation payable, the Appeals Board must take into
account-

   (a)  whether the applicant made a reasonable attempt to find alternative
        employment; and

   (b)  the remuneration received in any alternative employment or that would
        have been payable if the applicant had succeeded in obtaining
        alternative employment.

(5) If the Appeals Board is not satisfied that the decision to dismiss the
applicant from the force was not sound, defensible or well-founded, the
Appeals Board must confirm the order of the Chief Commissioner.