Western Australian Consolidated Acts

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POLICE ACT 1892 - SECT 33C

33C .         Tenure of office

        (1)         Subject to the provisions of subsection (2), every member shall hold office until 30 June in the second year after the year in which he was appointed or elected and at the expiration of his term is eligible for reappointment.

        (2)         If any member — 

            (a)         dies or resigns his office;

            (b)         becomes incapable of continuing as a member;

            (c)         is guilty of misbehaviour or of incapacity;

            (d)         ceases to hold the required qualifications to be a member;

            (e)         is required to carry out duties the location or nature of which in the opinion of the Minister make it inconvenient or undesirable that he continue as a member,

                his office on the Board becomes vacant and a successor shall be appointed who shall hold office for the residue of the term for which his predecessor was appointed.

        (3)(a)         Where the office of the elective member becomes vacant or the person holding that office is for any reason temporarily unable to act in his office, the member of the Police Force who received the second highest number of votes at the last previous election held under this Part, shall be appointed by the executive of the Police Union of Workers of Western Australia to fill the vacancy for the remainder of the term for which his predecessor was elected, or shall be so appointed to be acting member during the period of inability as the case may be.

            (b)         Where there is only one candidate at the election or if for any reason the person who received the second highest number of votes at the election is unable to act the executive of the union may appoint a member of the Police Force to fill the vacancy or be the acting member.

        (4)         Where the office of the Chairman or the member appointed by the Commissioner becomes vacant or the person holding the office is temporarily unable to act in his office, the Governor may appoint a magistrate or the Commissioner may appoint a person as the case may require, to fill the vacancy for the remainder of the term for which his predecessor was appointed or to be acting Chairman or member during the period of inability as the case may be.

        [Section 33C inserted by No. 25 of 1954 s. 7; amended by No. 59 of 2004 s. 141.]



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