Western Australian Consolidated Acts

POLICE ACT 1892 - SECT 33S

33S .         Application of Industrial Relations Act 1979 to 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 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), (d), (e), (f), (h), (ha), (hb), (l), (m), (n), (o) and (v)	An order under section 27(1)(o) may be made by any one of the industrial Commissioners constituting the WAIRC to hear the appeal.
s. 27(1a)
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.
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 ”.

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