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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Police Amendment Bill 2002
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 8 amended 2
5. Section 23 amended 3
6. Part IIB inserted 3
7. Section 38A amended 20
8. Section 138A amended 21
9. Transitional provisions 21
10. Industrial Relations Act 1979 amended 25
160--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Police Amendment Bill 2002
A Bill for
An Act to amend the Police Act 1892 --
· to provide a procedure for removing members of the Police
Force and for dealing with appeals in relation to those removals;
· to amend the maximum fine for disciplinary offences,
and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Police Amendment Act 2002.
page 1
Police Amendment Bill 2002
s. 2
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
5 3. The Act amended
The amendments in this Act are to the Police Act 1892*, unless
otherwise indicated.
[* Reprinted as at 12 January 2001.
For subsequent amendments see Act No. 6 of 2002.]
10 4. Section 8 amended
(1) Section 8 is amended by inserting before "The Governor" the
subsection designation "(1)".
(2) At the end of section 8 the following subsections are inserted --
"
15 (2) The powers of removal referred to in subsection (1) can
only be exercised if the Commissioner of Police has
complied with section 33L and that removal action has
not been revoked under section 33N(1).
(3) Subsection (2) does not apply where a person is
20 removed from a commissioned office to be appointed
to another commissioned office so long as that
appointment --
(a) is to an office at a level not less than the level
of the office from which the person was
25 removed; or
(b) is made with the consent of the person.
(4) Subsection (2) does not apply to the removal of a
police probationary constable.
".
page 2
Police Amendment Bill 2002
s. 5
5. Section 23 amended
Section 23(4)(b) is deleted and the following paragraph is
inserted instead --
"
5 (b) a fine of not more than 3% of the annual base
rate of pay of the member or cadet;
".
6. Part IIB inserted
After section 33J the following Part is inserted --
10 "
Part IIB -- Removal of members
Division 1 -- Preliminary
33K. Interpretation
In this Part, unless the contrary intention appears --
15 "appellant" means a person who institutes an appeal
under section 33P;
"Chief Commissioner" has the same meaning as it has
in the Industrial Relations Act 1979;
"industrial Commissioner" has the same meaning as
20 "Commissioner" has in the Industrial Relations
Act 1979;
"legal practitioner" has the same meaning as
"practitioner" has in the Legal Practitioners
Act 1893;
25 "member" means --
(a) a commissioned officer;
(b) a non-commissioned officer;
(c) a constable;
(d) an aboriginal aide;
page 3
Police Amendment Bill 2002
s. 6
"removal action" means --
(a) a recommendation by the Commissioner of
Police that the Minister advise the Governor
to remove a commissioned officer under
5 section 8;
(b) a recommendation by the Commissioner of
Police that the Minister approve the removal
of a non-commissioned officer or constable
under section 8;
10 (c) the revocation of the appointment of an
aboriginal aide under section 38A(1a);
"removal from office" means --
(a) a removal under section 8; or
(b) a revocation of the appointment of an
15 aboriginal aide under section 38A(1a);
"Senior Commissioner" has the same meaning as it
has in the Industrial Relations Act 1979;
"WAIRC" means The Western Australian Industrial
Relations Commission continued and constituted
20 under the Industrial Relations Act 1979.
Division 2 -- Removal of members
33L. Notice of loss of confidence to be given before the
removal action is taken
(1) If the Commissioner of Police does not have
25 confidence in a member's suitability to continue as a
member, having regard to the member's integrity,
honesty, competence, performance or conduct, the
Commissioner may give the member a written notice
setting out the grounds on which the Commissioner
30 does not have confidence in the member's suitability to
continue as a member.
page 4
Police Amendment Bill 2002
s. 6
(2) If a notice is given to a member under subsection (1),
the member may, before the expiration of the period of
21 days after the day on which the notice is given or
such longer period as is allowed by the Commissioner
5 of Police, make written submissions to the
Commissioner of Police in respect of the grounds on
which the Commissioner has lost confidence in the
member's suitability to continue as a member.
(3) After the end of the period referred to in subsection (2),
10 the Commissioner of Police shall --
(a) decide whether or not to take removal action;
and
(b) give the member written notice of the decision.
(4) The Commissioner of Police shall not decide to take
15 removal action unless the Commissioner --
(a) has taken into account any written submissions
received from the member under subsection (2)
during the period referred to in that subsection;
and
20 (b) still does not have confidence in a member's
suitability to continue as a member, having
regard to the member's integrity, honesty,
competence, performance or conduct.
(5) If the Commissioner of Police decides to take removal
25 action --
(a) the notice under subsection (3)(b) shall advise
the member of the reasons for the decision;
(b) except to the extent that the regulations
otherwise provide, the Commissioner shall,
30 within 7 days of giving the notice of the
decision under subsection (3)(b), provide to the
member a copy of any documents and make
available to the member for inspection any
other materials that were examined and taken
page 5
Police Amendment Bill 2002
s. 6
into account by the Commissioner in making
the decision; and
(c) the removal action may be taken when, or at
anytime after, the notice under
5 subsection (3)(b) is given.
33M. Maintenance payment
(1) If removal from office occurs by or as a result of
removal action taken in accordance with section 33L,
the member is entitled to receive a maintenance
10 payment for the period of 28 days after the day on
which the member is removed.
(2) In relation to a period after the 28 day period referred
to in subsection (1), the Minister may, in exceptional
circumstances, direct that a maintenance payment shall
15 be paid to the member for a specified period.
(3) For the purpose of subsection (2), the specified period
is such period not exceeding 6 months as is specified
by the Minister but in any event ending on the day any
appeal instituted under section 33P is determined by
20 the WAIRC.
(4) Any maintenance payment is to be calculated on the
basis of the salary of the member at the time of
removal from office.
33N. Revocation of removal action
25 (1) If removal action has been taken in accordance with
section 33L but removal from office has not resulted
from it, the Commissioner of Police may, by notice in
writing to the Minister, revoke the removal action.
(2) If removal from office has occurred by or as a result of
30 removal action taken in accordance with section 33L,
the Commissioner of Police may, by notice in the
Gazette, revoke the removal action.
page 6
Police Amendment Bill 2002
s. 6
(3) The Commissioner of Police shall not revoke removal
action under subsection (2) in the case of a
commissioned officer without the approval of the
Minister.
5 (4) Subsection (2) applies even if an appeal has been
instituted under section 33P in respect of the decision
under section 33L to take removal action.
(5) Despite any other enactment, if removal action is
revoked under subsection (2) the removal from office
10 is to be taken to be of no effect and to have never had
any effect.
(6) If the Commissioner of Police revokes removal action
in relation to a member under subsection (2), the
member is not entitled to be paid his or her salary for
15 any period the member received a maintenance
payment under section 33M.
33O. Resignation of member who has been removed
(1) Even if a member has been removed from office by or
as a result of removal action taken in accordance with
20 section 33L, the member may resign at any time before
the expiration of the period of 28 days after the day on
which the removal occurs.
(2) Subsection (1) does not apply if an appeal has been
instituted under section 33P in respect of the decision
25 to take removal action.
(3) A resignation under subsection (1) takes effect at the
end of the 28 day period referred to in the subsection.
(4) Despite any other enactment, if a member resigns
under subsection (1), the removal from office is to be
30 taken to be of no effect and to have never had any
effect.
page 7
Police Amendment Bill 2002
s. 6
Division 3 -- Appeal in relation to removal
33P. Appeal right
(1) A member who has been removed from office by or as
a result of removal action taken in accordance with
5 section 33L may appeal to the WAIRC on the ground
that the decision of the Commissioner of Police to take
removal action relating to the member was harsh,
oppressive or unfair.
(2) The appellant shall institute an appeal by a notice to the
10 Commissioner of Police stating --
(a) the reasons for the decision the subject of the
appeal being harsh, oppressive or unfair; and
(b) the nature of the relief sought.
(3) The appeal shall not be instituted later than 28 days
15 after the day on which the member was removed from
office and shall not be instituted if the member has
resigned under section 33O(1).
(4) For the purposes of proceedings relating to an appeal
instituted under this section the WAIRC is to be
20 constituted by not less than 3 industrial
Commissioners, at least one of whom shall be the
Chief Commissioner or the Senior Commissioner.
(5) The parties to an appeal are the appellant and the
Commissioner of Police and no other person may be a
25 party to the appeal.
33Q. Proceedings on appeal
(1) On the hearing of an appeal instituted under this Part,
the WAIRC shall proceed as follows --
(a) first, it shall consider the Commissioner of
30 Police's reasons for deciding to take removal
action;
page 8
Police Amendment Bill 2002
s. 6
(b) secondly, it shall consider the case presented by
the appellant as to why that decision was harsh,
oppressive or unfair;
(c) thirdly, it shall consider the case presented by
5 the Commissioner in answer to the appellant's
case.
(2) The appellant has at all times the burden of establishing
that the decision to take removal action was harsh,
oppressive or unfair.
10 (3) Subsection (2) has effect despite any law or practice to
the contrary.
(4) Without limiting the matters to which the WAIRC is
otherwise required or permitted to have regard in
determining the appeal, it shall have regard to --
15 (a) the interests of the appellant; and
(b) the public interest which is taken to include --
(i) the importance of maintaining public
confidence in the integrity, honesty,
conduct and standard of performance of
20 members of the Police Force; and
(ii) the special nature of the relationship
between the Commissioner of Police
and members of the Force.
33R. New evidence
25 (1) New evidence shall not be tendered to the WAIRC
during a hearing of an appeal instituted under this Part
unless the Commission grants leave under
subsection (2) or (3).
(2) The WAIRC may grant the Commissioner of Police
30 leave to tender new evidence if --
(a) the appellant consents; or
page 9
Police Amendment Bill 2002
s. 6
(b) it is satisfied that it is in the interests of justice
to do so.
(3) The WAIRC may grant the appellant leave to tender
new evidence if --
5 (a) the Commissioner of Police consents; or
(b) the Commission is satisfied that --
(i) the appellant is likely to be able to show
that the Commissioner of Police has
acted upon wrong or mistaken
10 information;
(ii) the new evidence might materially have
affected the Commissioner of Police's
decision to take removal action; or
(iii) it is in the interests of justice to do so.
15 (4) In the exercise of its discretion under subsection (3) the
Commission shall have regard to --
(a) whether or not the appellant was aware of the
substance of the new evidence; and
(b) whether or not the substance of the new
20 evidence was contained in a document to which
the appellant had reasonable access,
before his or her removal from office.
(5) If the Commissioner of Police is given leave to tender
new evidence under subsection (2), the WAIRC shall
25 give the appellant a reasonable opportunity to consider
the new evidence and the appellant may tender new
evidence without the leave of the WAIRC under this
section in response to the new evidence tendered by the
Commissioner.
30 (6) If the appellant is given leave to tender new evidence
under subsection (3), the WAIRC shall give the
page 10
Police Amendment Bill 2002
s. 6
Commissioner a reasonable opportunity to consider the
new evidence.
(7) If, having considered any new evidence, the
Commissioner of Police revokes the removal action
5 under section 33N(2), the Commissioner shall give the
WAIRC notice of the revocation and the hearing of the
appeal is discontinued when the WAIRC receives the
notice.
(8) If the Commissioner of Police does not give notice
10 under subsection (7), the hearing of the appeal shall
continue but the Commissioner of Police may --
(a) reformulate his or her reasons for not having
confidence in the appellant's suitability to
continue as a member, having regard to the
15 appellant's integrity, honesty, competence,
performance or conduct; and
(b) tender new evidence without the leave of the
WAIRC under this section in response to the
new evidence tendered by the appellant.
20 (9) Reasons reformulated under subsection (8)(a) may
differ from, or be additional to, the reasons given to the
appellant under section 33L(5)(a).
(10) If the Commissioner of Police reformulates reasons
under subsection (8)(a) --
25 (a) the Commissioner shall give the WAIRC and
the appellant notice in writing of the reasons
before the resumption of the hearing of the
appeal; and
(b) the WAIRC shall consider the reasons as if they
30 had been reasons given to the appellant under
section 33L(5)(a).
page 11
Police Amendment Bill 2002
s. 6
(11) In this section --
"new evidence" means evidence other than evidence
of --
(a) any document or other material that was
5 examined and taken into account by the
Commissioner of Police in making a
decision to take removal action;
(b) the notice given under section 33L(1);
(c) a written submission made to the
10 Commissioner of Police by the appellant
under section 33L(2);
(d) the notice given under section 33L(3)(b); and
(e) a notification of the removal from office.
33S. Application of Industrial Relations Act 1979 to
15 appeals
The provisions of the Industrial Relations Act 1979
listed in the Table to this section apply, subject to this
Part, any necessary modifications, and any specific
modifications set out in that Table, to and in relation to
20 an appeal and a determination of an appeal instituted
under this Part.
Table
s. 26(1)(a)
and (b)
s. 26(3)
s. 27(1)(b), (c), An order under section 27(1)(o) may be
(d), (e), (f), made by any one of the industrial
(h), (ha), commissioners constituting the WAIRC to
(hb), (l), (m), hear the appeal.
(n), (o)
and (v)
s. 27(1a)
page 12
Police Amendment Bill 2002
s. 6
s. 28 But only in relation to powers conferred by
section 27 listed in this Table.
s. 31(1) Paragraphs (b) and (c) do not apply but the
subsection is to be read as if it contained the
following paragraphs --
" (b) with the leave of the
Commission, by an
agent; or
(c) by a legal practitioner. ".
s. 31(3)
s. 31(5)
s. 31(6)
s. 32 Section 32(1) is to be read as if a reference
to "Where an industrial matter has been
referred to the Commission the
Commission shall, unless it" were a
reference to "Where the Commission is
dealing with an appeal instituted under
section 33P of the Police Act 1892, a
member of the Commission may
recommend that the parties to the appeal,
unless he or she".
References to "the matter" and "an
industrial matter" are to be read as if they
were references to "the appeal".
For the purposes of subsections (2) and (3),
"Commission" does not include an
industrial commissioner constituting the
WAIRC to hear the appeal.
Subsections (4), (6), (7) and (8) do not
apply.
page 13
Police Amendment Bill 2002
s. 6
s. 33 A summons shall not be issued under
section 33(1)(a) to the Governor.
A summons may be issued to the
Commissioner of Police or the Minister but
only at the direction of a Commissioner
appointed under the Industrial Relations
Act 1979 if that Commissioner is satisfied
that there are extraordinary grounds for
doing so.
A summons may not be issued to any other
person except at the direction of a
Commissioner.
s. 34 A reference in subsection (1) to "an award,
order, or declaration" is to be read as if it
were a reference to "an order".
A reference in subsection (3) to "the
President, the Full Bench, or the
Commission" is to be read as if it were a
reference to "the Commission".
A reference in subsection (4) to "no award,
order, declaration, finding, or proceeding of
the President, the Full Bench, or the
Commission" is to be read as if it were a
reference to "no decision, order, finding or
proceeding of the Commission".
s. 35
s. 36
s. 86 But not in relation to costs and expenses
other than expenses of witnesses.
s. 90 A reference in subsection (1) to "any
decision of the President, the Full Bench, or
the Commission in Court Session" is to be
read as if it were a reference to "a decision
of the Commission under section 33U of
the Police Act 1892".
page 14
Police Amendment Bill 2002
s. 6
33T. Adjournment in relation to an appellant charged
with a relevant offence
(1) If an appellant has been --
(a) charged with an offence relating to any matter,
5 act or omission that was taken into account by
the Commissioner of Police in deciding that he
or she did not have confidence in the
appellant's suitability to continue as a member;
and
10 (b) the charge has not been finally determined by a
court or otherwise disposed of,
the Commissioner or the appellant may apply to the
WAIRC for an adjournment of the hearing of the
appeal.
15 (2) If an application is made by the Commissioner of
Police, the WAIRC may adjourn the hearing of the
appeal if it considers that it is in the interests of justice
to do so.
(3) If an application for an adjournment is made by the
20 appellant, the WAIRC shall adjourn the hearing of the
appeal.
(4) An adjournment under subsection (3) shall be for such
period not exceeding 12 months as is requested by the
appellant.
25 (5) If the charge is finally determined by a court or
otherwise disposed of before the expiration of the
period of the adjournment, the Commissioner of Police
or the appellant may apply to the WAIRC for the
hearing of the appeal to be resumed on a date specified
30 by the Commission.
(6) Before the expiration of any period of adjournment
under this section, the Commissioner of Police or the
page 15
Police Amendment Bill 2002
s. 6
appellant may apply to the WAIRC for a further
adjournment under this section and, if it is in the
interests of justice to do so, the WAIRC may grant a
further adjournment for a period specified by it.
5 (7) Subsections (2) and (6) do not affect any other power
of the WAIRC to grant an adjournment.
33U. Decision by the WAIRC
(1) This section applies if the WAIRC decides on an
appeal that the decision to take removal action relating
10 to the appellant was harsh, oppressive or unfair.
(2) If this section applies and unless an order is made
under subsection (3) the WAIRC may order that the
appellant's removal from office is and is to be taken to
have always been of no effect.
15 (3) If, and only if, the WAIRC considers that it is
impracticable for it to be taken that the appellant's
removal from office is and has always been of no
effect, the Commission may instead of making an order
under subsection (2), subject to subsections (5) and (6),
20 order the Commissioner of Police to pay the appellant
an amount of compensation for loss or injury caused by
the removal.
(4) In considering whether or not it is impracticable for it
to be taken that the appellant's removal from office is
25 and has always been of no effect it is relevant to
consider --
(a) whether the position occupied by the appellant
at the time of his or her removal is vacant; and
(b) whether there is another suitable vacant
30 position in the Police Force.
page 16
Police Amendment Bill 2002
s. 6
(5) In deciding the amount of compensation for the
purpose of making an order under subsection (3), the
WAIRC shall have regard to --
(a) the efforts, if any, of the Commissioner of
5 Police and the appellant to mitigate the loss
suffered by the appellant as a result of the
removal;
(b) any maintenance payment received by the
appellant under section 33M;
10 (c) any redress the appellant has obtained under
another enactment where the evidence
necessary to establish that redress is also the
evidence necessary to establish on the appeal
that the removal was harsh, oppressive or
15 unfair; and
(d) any other matter that the WAIRC considers
relevant.
(6) The amount ordered to be paid under subsection (3)
shall not exceed 12 months' remuneration as a
20 member.
(7) For the purpose of subsection (5), the WAIRC may
calculate the amount on the basis of the average rate of
remuneration as a member received by the appellant
during any relevant period of service.
25 (8) If the WAIRC makes an order under subsection (2), the
appellant shall not be entitled to be paid his or her
remuneration as a member for any period the appellant
received a maintenance payment under section 33M.
(9) An order under this section may require that it be
30 complied with within a specified time.
page 17
Police Amendment Bill 2002
s. 6
33V. Restriction on publication
(1) If the WAIRC is satisfied that it is in the public
interest, it may direct either or both that --
(a) any evidence given before the Commission;
5 (b) the contents of any document produced to the
Commission,
on an appeal must not be published or must not be
published except in such manner, and to such persons,
as the Commission specifies.
10 (2) A person must not make a publication in contravention
of a direction given under this section.
Penalty: Imprisonment for 12 months and a fine
of $4 000.
Division 4 -- General
15 33W. Effect of charge for an offence or an acquittal
To avoid doubt, it is declared that if a member --
(a) has been charged with committing an offence;
or
(b) has been acquitted of an offence,
20 that charge, the existence of proceedings relating to
that charge or the acquittal does not preclude the
Commissioner of Police from taking any action under
this Part in relation to any matter, act or omission
relating to or being an element of the offence.
25 33X. Failure to comply with procedure
An act or omission of the Governor, the Minister or the
Commissioner of Police shall not be invalid or called in
question on the ground of a failure to comply with the
procedure prescribed under Division 2 or regulations
30 relating to the removal of members on the ground of a
page 18
Police Amendment Bill 2002
s. 6
failure to comply with the procedure prescribed under
that Division or those regulations if the failure is not
substantive.
33Y. Transfer, standing down and leave of member
5 (1) Nothing in this Part derogates from the Commissioner
of Police's power to --
(a) transfer a member;
(b) stand a member down from performing that
member's usual duties on full pay until the
10 member is directed by the Commissioner to
return to those duties; or
(c) allocate duties to a member other than the
member's usual duties.
(2) If the Commissioner stands down a member who is
15 being dealt with under this Part, the Commissioner
shall review the decision to stand the member down
every 60 days and advise the member in writing of the
result of the review.
(3) The Commissioner shall not direct a member who is
20 being dealt with under this Part to take leave during the
period the member is being dealt with under this Part
unless the leave is leave that has accrued during any
period that the member is stood down from performing
the member's usual duties.
25 33Z. Review of Part
(1) In this section --
"commencement day" means the day on which
section 6 of the Police Amendment Act 2002
comes into operation.
30 (2) The Minister is to carry out a review of the operation
and effectiveness of this Part as soon as is practicable
page 19
Police Amendment Bill 2002
s. 7
after the expiration of 24 months after the
commencement day and in the course of that review
the Minister is to consider and have regard to --
(a) the effectiveness of the Part;
5 (b) the need for the retention of the Part; and
(c) any other matters that appear to the Minister to
be relevant to the operation and effectiveness of
this Part.
(3) Without limiting subsection (2), in carrying out a
10 review under that subsection, the Minister shall consult
with and have regard to the views of the Chief
Commissioner of The Western Australian Industrial
Relations Commission, the Commissioner of Police
and the Western Australian Police Union of Workers.
15 (4) The Minister is to prepare a report based on the review
and, as soon as is practicable after the report is
prepared (and in any event not more than 30 months
after the commencement day), cause it to be laid before
each House of Parliament.
20 ".
7. Section 38A amended
Section 38A(1) is repealed and the following subsections are
inserted instead --
"
25 (1) The Commissioner of Police and any commissioned
officer of police authorised in that behalf by the
Commissioner may, in writing, appoint an aboriginal
person to be an aboriginal aide.
(1a) Subject to section 33L(5)(c), the Commissioner of
30 Police may, by order, revoke any appointment under
subsection (1).
".
page 20
Police Amendment Bill 2002
s. 8
8. Section 138A amended
After section 138A(3) the following subsection is inserted --
"
(4) Without limiting subsection (1), regulations may be
5 made --
(a) requiring and regulating the provision of
documents or other material by the
Commissioner of Police to a member who has
been given a notice under section 33L(1);
10 (b) prescribing the procedure to be followed in
relation to a removal from office under
section 8 or the revocation of an appointment
under section 38A;
(c) prescribing restrictions in relation to any period
15 during which consideration is being given to a
member's suitability to continue as a member
of the Police Force on the exercise of any
power of the Commissioner of Police or the
Governor to suspend the member's pay; and
20 (d) prescribing the means of service of documents
that are required to be served under Part IIB or
regulations relating to that Part.
".
9. Transitional provisions
25 (1) In this section --
"commencement day" means the day on which section 6 of
this Act comes into operation;
"member" has the same meaning as it has in section 33K of the
Police Act 1892 (as inserted by section 6 of the Police
30 Amendment Act 2002).
page 21
Police Amendment Bill 2002
s. 9
(2) If on or after 5 July 2002 and before the commencement day --
(a) a person is removed under section 8 of the Police
Act 1892; or
(b) a person's appointment is revoked under
5 section 38A(1)(b) of that Act,
because the Commissioner of Police does not have confidence
in the person's suitability to continue as a member, the
provisions of Part IIB of the Police Act 1892, listed in the Table
to this subsection, as inserted by section 6 of the Police
10 Amendment Act 2002, apply to that removal or revocation as if
the removal or revocation took place on the commencement day
but subject to any necessary modifications and any
modifications set out in the Table.
Table
s. 33K
s. 33N The reference to removal action taken under
section 33L and removal from office is to be read as if
it referred to action referred to in paragraph (a) or (b).
s. 33P Subsection (1) does not apply but the section is to be
read as if it contained the following subsection --
"
(1) A person --
(a) who is removed under section 8 of
the Police Act 1892; or
(b) whose appointment is revoked under
section 38A(1)(b) of that Act,
may appeal to the WAIRC on the ground
that the removal or revocation decision of the
Commissioner of Police was harsh,
oppressive or unfair.
".
s. 33Q
page 22
Police Amendment Bill 2002
s. 9
s. 33R In subsections (9) and (10)(b), the references to the
"reasons given to the appellant under
section 33L(5)(a)" are to be read as a reference to
reasons given by the Commissioner of Police to the
appellant before the commencement day relating to or
arising out of the member's removal under section 8 of
the Police Act 1892 or revocation of appointment
under section 38A(1)(b) of that Act.
In subsection (11), in the definition of "new
evidence" --
(a) in paragraph (a), the reference to removal
action is to be read as a reference to action
referred to in paragraph (a) or (b) of this
subsection;
(b) paragraphs (b), (c), (d) and (e) do not apply
but the definition is to be read as if it
contained the following paragraphs --
"
(b) any notice given to the appellant by the
Commissioner of Police before the day on
which section 6 of the Police Amendment
Act 2002 comes into operation relating to or
arising out of the member's removal under
section 8 or revocation of appointment under
section 38A(1)(b) of the Police Act 1892;
(c) any written submission made before the day
on which section 6 of the Police Amendment
Act 2002 comes into operation by the
appellant to the Commissioner of Police
relating to or arising out of the member's
removal under section 8 or revocation of
appointment under section 38A(1)(b) of the
Police Act 1892;
(d) a notification before the day on which section 6
of the Police Amendment Act 2002 comes into
operation by the Commissioner of Police to the
appellant that the appellant was removed under
section 8 of the Police Act 1892 or that the
page 23
Police Amendment Bill 2002
s. 9
appellant's appointment was revoked under
section 38A(1)(b) of that Act.
".
s. 33S-33Y
(3) If before the commencement day the Commissioner of Police
has lost confidence in a member's suitability to continue as a
member and has given the member a notice of intention but has
not --
5 (a) removed the member under section 8 of the Police
Act 1892; or
(b) revoked the member's appointment under
section 38A(1)(b) of that Act,
Part IIB of the Police Act 1892, as inserted by section 6 of the
10 Police Amendment Act 2002, applies with any necessary
modifications as if --
(c) that notice were a notice given under section 33L(1) of
the Police Act 1892; and
(d) the notice were given to the member on the
15 commencement day.
(4) Part IIB of the Police Act 1892, as inserted by section 6 of the
Police Amendment Act 2002, does not affect any legal
proceedings commenced before, on or after the commencement
day relating to --
20 (a) the removal of a person under section 8 of the Police
Act 1892; or
(b) the revocation of a person's appointment under
section 38A(1)(b) of that Act,
before the commencement day.
page 24
Police Amendment Bill 2002
s. 10
10. Industrial Relations Act 1979 amended
(1) The amendment in this section is to the Industrial Relations
Act 1979*.
[* Reprinted as at 4 February 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 177 and Act No. 20 of 2002.]
(2) After section 113(1)(c) the following paragraph is inserted --
"
(d) without limiting paragraph (c), regulating the
10 practice and procedure to be followed in
relation to appeals under section 33P of the
Police Act 1892;
".
page 25
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