Western Australian Consolidated Acts Western Australian Consolidated Acts (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 Police’s reasons for
deciding to take removal action;
(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 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.
(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 —
(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 members of the
Police Force; and
(ii)
the special nature of the relationship between the
Commissioner of Police and members of the Force.
[Section 33Q inserted by No. 7 of 2003
s. 6.]