Patton v Mareangareu
Court of Appeal
Priest, McLeish and Kennedy JJA
03/11/2021
[2021] VSCA 295
Administrative Law — Judicial Review — Police officer dismissed on basis of convictions — Convictions quashed on appeal — Effect of quashing conviction — Presumption that statutory consequences of conviction cease when conviction set aside — Whether presumption applicable — Chief Commissioner of Police declined to reappoint police officer — Whether Chief Commissioner erred by considering subject matter of convictions in declining to reappoint — Nature of power to reappoint — Whether right of reappointment — Victoria Police Act 2013 (Vic), ss 27, 136(3) — Victoria Police Regulations 2014 (Vic), r 5 — Interpretation of Legislation Act 1984 (Vic), s 45(1)
Read the judgment here.