Brendan Bennett commenced legal proceedings in the Victorian Civil and Administrative Tribunal (VCAT) against the Victoria State Emergency Service (VICSES), seeking a review of a suspension imposed by VICSES management following an alleged preliminary investigation into work health and safety practices and potential disciplinary matters at the Bacchus Marsh VICSES Unit.
VICSES sought judgment on jurisdictional grounds stating that since it made no decision which was reviewable by VCAT, VCAT did not have the jurisdiction to hear the matter. The proceeding was dismissed on 8 September 2015 on the basis that no reviewable decision had been made.
On 29 September 2015, the Melton Moorabool Star Weekly published an article in print and online concerning the VCAT proceeding.
The article contained a statement that the alleged preliminary investigation held at the Bacchus Marsh Unit was in relation to the behaviour of Mr Bennett and that Mr Bennett did not dispute the findings of the alleged investigation. Those statements were incorrect and the Melton Moorabool Star Weekly hereby retracts them.
The Melton Moorabool Star Weekly acknowledges that no “preliminary findings” as reported in the Publication were in fact made against Mr Bennett and that such “preliminary findings” have no application to him.
The Melton Moorabool Star Weekly unreservedly apologises to Mr Bennett for any hurt, embarrassment or damage which the statements may have caused to his personal and/or professional reputation.
