A Victorian police officer who used homophobic slurs to other officers when referring to a gay man who had reported family violence has had his dismissal from the force overturned.
The Victorian Police Registration and Services Board, in a decision published this week, instead ordered the unnamed officer to pay $10,000 to a gay colleague and $2,000 to the Victorian Pride Centre as compensation for the “disgraceful” comments, arguing the dismissal was harsh.
The comments were allegedly made in a non-public area of a police station after several calls the officer had received related to allegations of family violence in a gay couple, which one member of the couple and that person’s family had contacted the police about.
The officer allegedly made comments about being sick of those “faggots” or “poofters” and said “I don’t know if that’s what you’re into but the shit these faggots get up to is fucking disgusting”. He also allegedly asked one officer if the couple’s home “smelled like cum”.
The comments were made before the initial discipline notice being issued in September 2023 and his dismissal in January 2024.
One of the two officers who heard the alleged comments was a gay man who was a newly sworn officer in Victoria police and was on his first day in placement. The board heard the man had been reconsidering his decision to join the police after hearing the comments.
The officer did not deny any of the allegations, and admitted to using homophobic slurs, but did not recall the specifics. The board found he made the homophobic comments in the presence of the gay officer knowing the officer was gay.
The board found that while the incident would normally justify dismissal, it was harsh considering the officer’s youth (he is in his early 20s), it was out of character, and he had expressed genuine remorse.
The decision contains testimonials from LGBTQ+ family and friends stating the comment was out of character. The officer said the comments were made at a point of “boiling over” in frustration over the number of phone calls received. He had written apologies to the two officers who heard the comments and had taken online training courses on LGBTQ+ issues, the board said.
A 2019 Victorian Equal Opportunity and Human Rights Commission (VEOHRC) report into homophobia in the Victoria police found that discriminatory comments were still accepted as workplace “banter”, with the most serious discrimination perpetuated by long-serving senior officers.
The board pointed to this report and noted that the LGBTQ+ community’s trust in the police could be undermined if police hold or express homophobic views. The board acknowledged there was “a tragic and long history of discrimination and abuse” by police officers to the LGBTQ+ community and that “the impacts of that awful history no doubt continue.”
However, this case was nuanced and the board found the officer’s comments were “genuinely out of character.”
“I have learnt that Victoria Police is still making amends for historical discrimination and unlawful acts committed against the LQGTIQ+ (sic) community. This realisation has fueled (sic) my eagerness to return to my duties with a deepened understanding and an unwavering commitment to being an advocate for the LGBTIQ+ community,” the officer said in a statement to the board.
The gay male officer who made the complaint said in his impact statement that he did not accept the written apology unless the apology was made in public in the workplace and he was considering transferring or leaving the force in part to avoid running into the officer or the officer’s father, who is also a police officer.
It comes following a clash between police officers and protesters at the Victorian Pride March in February, amid a push to exclude police from the Midsumma pride event over police treatment of the LGBTQ+ community.
• In Australia, the national family violence counselling service is on 1800 737 732. In the UK, call the national domestic abuse helpline on 0808 2000 247, or visit the Men’s Advice Line or Women’s Aid. In the US, the domestic violence hotline is 1-800-799-SAFE (7233).
