Western Australian Consolidated Acts

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POLICE ACT 1892 - SECT 33P

33P .         Appeal right

        (1)         A member who has been removed from office by or as a result of removal action taken in accordance with 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 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 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 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 party to the appeal.

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



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