Western Australian Consolidated Acts

POLICE ACT 1892 - SECT 33L

33L .         Notice of loss of confidence to be given before removal action is taken

        (1)         If the Commissioner of Police 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, the Commissioner may give the member a written notice setting out the grounds on which the Commissioner does not have confidence in the member’s suitability to continue as a member.

        (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 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), 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 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

            (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 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, 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 into account by the Commissioner in making the decision; and

            (c)         the removal action may be taken when, or at any time after, the notice under subsection (3)(b) is given.

        [Section 33L inserted by No. 7 of 2003 s. 6.]