Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies if the WAIRC decides on an appeal that the decision to take removal
action relating to the appellant was harsh, oppressive or unfair.
(2) If this section
applies and unless an order is made under subsection (3) the WAIRC may
order that the appellant’s removal from office is and is to be taken to
have always been of no effect.
(3) If, and only if,
the WAIRC considers that it is impracticable for it to be taken that the
appellant’s removal from office is and has always been of no effect, the
Commission may instead of making an order under subsection (2), subject
to subsections (5) and (6), order the Commissioner of Police to pay
the appellant an amount of compensation for loss or injury caused by the
removal.
(4) In considering
whether or not it is impracticable for it to be taken that the
appellant’s removal from office is and has always been of no effect it
is relevant to consider —
(a)
whether the position occupied by the appellant at the time of his or her
removal is vacant; and
(b)
whether there is another suitable vacant position in the Police Force.
(5) In deciding the
amount of compensation for the purpose of making an order under
subsection (3), the WAIRC shall have regard to —
(a) the
efforts, if any, of the Commissioner of Police and the appellant to mitigate
the loss suffered by the appellant as a result of the removal;
(b) any
maintenance payment received by the appellant under section 33M;
(c) any
redress the appellant has obtained under another enactment where the evidence
necessary to establish that redress is also the evidence necessary to
establish on the appeal that the removal was harsh, oppressive or unfair; and
(d) any
other matter that the WAIRC considers relevant.
(6) The amount ordered
to be paid under subsection (3) shall not exceed 12 months’
remuneration as a member.
(7) For the purpose of
subsection (5), the WAIRC may calculate the amount on the basis of the
average rate of remuneration as a member received by the appellant during any
relevant period of service.
(8) If the WAIRC makes
an order under subsection (2), the appellant shall not be entitled to be
paid his or her remuneration as a member for any period the appellant received
a maintenance payment under section 33M.
(9) An order under
this section may require that it be complied with within a specified time.
[Section 33U inserted by No. 7 of 2003
s. 6.]