Victorian Current Acts Victorian Current Acts(1) This section applies to a review of a decision—
(a) to terminate the appointment of a police officer or protective services officer; or
(b) to dismiss a police officer or protective services officer.
(2) On the review, the PRS Board must affirm the decision unless the PRS Board is satisfied that the decision is harsh, unjust or unreasonable.
(3) If the PRS Board is satisfied that the decision is harsh, unjust or unreasonable, the PRS Board may—
(a) in the case of a review of a decision to dismiss a police officer or protective services officer under section 136(1)(f)—
(i) set aside the decision and, in substitution for it, make any other decision or determination that the person who made the decision could have made; or
(ii) set aside the decision and refer the matter for determination by the Chief Commissioner in accordance with any directions or recommendations of the PRS Board; and
(b) in any other case—
(i) set aside the decision and, in substitution for it, make any other decision or determination that the person who made the decision could have made; or
(ii) set aside the decision and refer the matter for determination by the Chief Commissioner in accordance with any directions or recommendations of the PRS Board; or
(iii) order the Chief Commissioner to reinstate the applicant as a police officer or protective services officer; or
(iv) if the PRS Board considers that it would be impracticable to reinstate 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 the termination or dismissal.
(4) If the applicant was on leave without full pay during any part of the period of 12 months immediately before the termination or dismissal, the maximum amount of compensation that may be ordered under subsection (3)(b)(iv) to be paid is to be determined as if the applicant had received full pay while on leave.
(5) When assessing any compensation payable, the PRS 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.