Federal Court win for your Association against Chief Commissioner

The Federal Court last Friday handed down a decision that it was seriously arguable that the Chief Commissioner had broken the law in seeking to recommence the ESD investigation into alleged bullying at the Police Association.

Justice Ryan’s ruling was made in the case brought by the Association against the Chief Commissioner alleging that her suspension of the secretary from the Force and the ESD bullying investigation have been driven by industrial reasons rather than for legitimate purposes.

Justice Ryan wrote:

“I am satisfied that, if the evidence remains as it is, the [Association] will probably succeed in establishing that the investigation by Victoria Police of the Bullying Allegations against Mullett has been for a prohibited reason or for reasons that included a prohibited reason as described in s793(1)(a), (j) and (k) of the Workplace Relations Act 1996.”

The Court issued an injunction against the Chief Commissioner preventing use of s86Q of the Police Regulation Act against the secretary in the bullying investigation.

Naturally, the Association is pleased with the decision.  It vindicates our position all along on this matter, which is that the Chief Commissioner’s proposal to yet again seek to interfere in the affairs of your Association is not only inappropriate, but unlawful.

Bruce McKenzie

Assistant Secretary