Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If an appellant
has been —
(a)
charged with an offence relating to any matter, act or omission that was taken
into account by the Commissioner of Police in deciding that he or she did not
have confidence in the appellant’s suitability to continue as a member;
and
(b) the
charge has not been finally determined by a court or otherwise disposed of,
the Commissioner or
the appellant may apply to the WAIRC for an adjournment of the hearing of the
appeal.
(2) If an application
is made by the Commissioner of Police, the WAIRC may adjourn the hearing of
the appeal if it considers that it is in the interests of justice to do so.
(3) If an application
for an adjournment is made by the appellant, the WAIRC shall adjourn the
hearing of the appeal.
(4) An adjournment
under subsection (3) shall be for such period not exceeding
12 months as is requested by the appellant.
(5) If the charge is
finally determined by a court or otherwise disposed of before the expiration
of the period of the adjournment, the Commissioner of Police or the appellant
may apply to the WAIRC for the hearing of the appeal to be resumed on a date
specified by the Commission.
(6) Before the
expiration of any period of adjournment under this section, the Commissioner
of Police or the appellant may apply to the WAIRC for a further adjournment
under this section and, if it is in the interests of justice to do so, the
WAIRC may grant a further adjournment for a period specified by it.
(7)
Subsections (2) and (6) do not affect any other power of the WAIRC
to grant an adjournment.
[Section 33T inserted by No. 7 of 2003
s. 6.]