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there’s no guarantee …
Hence the words “probably” and “might well have”. To be fair, you didn’t have the benefit of reading the case findings because I chose not to link to it for reasons of privacy. Our “no names no pack drill” policy is flexible but in this case I decided caution was the better part of valour.
However, I think the general tone was leaning towards allowing the charges if they had been properly formulated. The member certainly went to considerable lengths to stress that it was an option open to him, had the correct procedures been followed.
there have been many cases where VCAT has reduced the OC’s claimed charges or denied them entirely.
Any chance of a citation or link, please?