Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Where any
proceeding, whether civil or criminal (not being a charge for an offence
against the discipline of the Force) is brought against a member or cadet, the
member or cadet shall, as soon as possible after the commencement of the
proceedings, report the fact to the officer in charge of the region or the
branch in which he is stationed.
(2) An officer in
charge of a region or branch who receives a report pursuant to
subregulation (1) shall immediately report the matter to the
Commissioner.
[Heading inserted in Gazette 26 Aug 2003
p. 3758.]
In this Part, unless
the contrary intention appears —
member has the same meaning as it has in
section 33K of the Act;
notice means a notice given under
section 33L(1) of the Act;
privilege means —
(a) a
privilege that would attach to documents prepared for the purpose of pending
or contemplated proceedings or in connection with the obtaining or giving of
legal advice;
(b)
immunity from production of documents or materials where their disclosure
would be against the public interest; or
(c)
immunity from production of documents or materials under an enactment;
review officer means a person appointed under
regulation 6A02.
[Regulation 6A01 inserted in Gazette
26 Aug 2003 p. 3758-9; amended in Gazette 15 Dec 2006
p. 5632.]
(1) If a complaint or
other information is received by the Commissioner or the assistant
commissioner concerning a member’s integrity, honesty, competence,
performance or conduct, the Commissioner or the assistant commissioner may
appoint a review officer in relation to that member.
(2) If practicable, a
person is not to be appointed as a review officer in relation to a member if
that person is or has been involved in an investigation that resulted in the
complaint being made or the information being supplied to the Commissioner or
the assistant commissioner.
[Regulation 6A02 inserted in Gazette
26 Aug 2003 p. 3759.]
(1) In
subregulation (2) —
relevant materials means materials relevant to
issues identified in the Summary of Investigation concerning the member.
(2) The review officer
shall conduct an inquiry into the member referred to in
regulation 6A02(1) and prepare —
(a) a
written report, called a “Summary of Investigation”, that includes
reference to relevant materials that were gathered by the review officer for
the purpose of the inquiry; and
(b) a
written list, called an “Inspection List”, of relevant materials
that were gathered by the review officer for the purposes of the inquiry.
(3) The review officer
shall identify in the Inspection List any documents in respect of which
privilege is claimed and state in that List the grounds on which the privilege
is claimed.
(4) The review officer
is subject to the direction of the assistant commissioner in conducting the
inquiry and preparing the Summary of Investigation and Inspection List.
[Regulation 6A03 inserted in Gazette
26 Aug 2003 p. 3759-60.]
(1) When the review
officer completes his or her inquiry, the review officer or the assistant
commissioner shall provide the Commissioner with —
(a) the
Summary of Investigation;
(b) the
Inspection List; and
(c) any
material referred to in the Inspection List that the review officer or the
assistant commissioner considers appropriate.
(2) Before the
Commissioner decides whether or not to issue a notice, the Commissioner or the
assistant commissioner may cause further materials, including written reports,
to be provided to the Commissioner.
(3) The Commissioner
may direct the review officer to conduct a further review in accordance with
regulation 6A03 and subregulation (1) to prepare and submit to
him or her a supplementary Summary of Investigation and a supplementary
Inspection List.
(4) The
Commissioner’s direction may include a direction as to the matters to be
investigated and included in the supplementary Summary of Investigation.
[Regulation 6A04 inserted in Gazette
26 Aug 2003 p. 3760.]
(1) Apart from the
matter set out in section 33L(1) of the Act, a notice shall —
(a) set
out the particular conduct or behaviour on which the Commissioner’s loss
of confidence is based; and
(b)
advise the member that within 21 days of being given the notice or such
longer period as is allowed by the Commissioner he or she may make a written
submission to the Commissioner in respect of the grounds on which the
Commissioner has lost confidence in the member’s suitability to continue
as a member.
(2) As soon as
practicable after the Commissioner gives a notice to a member, the
Commissioner shall —
(a)
provide to the member a copy of any of the following documents relating to the
decision to give the notice —
(i)
the Summary of Investigation and any supplementary
Summary of Investigation;
(ii)
the Inspection List and any supplementary Inspection
List;
(iii)
any document examined and taken into account in deciding
to issue the notice;
and
(b) make
available to the member for inspection any other material examined and taken
into account in deciding to issue the notice.
(3)
Subregulation (2) does not apply to any document or material that is
privileged.
(4) If the
Commissioner does not provide a member with a copy of a document or make
available to the member for inspection any other material because it is
privileged the Commissioner shall advise the member of the ground for the
document or material being privileged.
[Regulation 6A05 inserted in Gazette
26 Aug 2003 p. 3760-1.]
(1) During the period
referred to in section 33L(2) of the Act, the Commissioner shall permit a
member who has been given a notice or the member’s legal representative
to inspect any materials referred to in the Inspection List that are not
privileged.
(2) If a member who
has been given a notice wishes to inspect any material, other than material
provided to the member under these regulations, that —
(a) the
member has seen or created in the course of his or her duties as a member; and
(b) is
relevant to issues concerning the member referred to in the notice,
the member may make a
request in writing to the assistant commissioner for permission to inspect
that material.
(3) The request shall
be made as soon as practicable after, and in any event within 14 days of,
the day on which the member was given the notice.
(4) During the period
referred to in section 33L(2) of the Act the Commissioner shall as far as
practicable permit the member or the member’s legal representative to
inspect the material the subject of a request under subregulation (2).
[Regulation 6A06 inserted in Gazette
26 Aug 2003 p. 3761.]
(1) If the
Commissioner receives a submission from a member under section 33L(2) of
the Act, the Commissioner or the assistant commissioner may cause further
materials, including written reports, to be provided to the Commissioner.
(2) The Commissioner
shall within 21 days, where practicable, and in any event within
42 days of the end of the period referred to in section 33L(2) of
the Act decide whether or not a period for further investigation or analysis
of any submission of the member is necessary.
(3) If the
Commissioner decides that a further period for investigation or analysis is
required, the Commissioner shall endeavour to cause that investigation or
analysis to be completed within 7 weeks of receiving the member’s
submission.
(4) If the further
investigation or analysis cannot be completed within the period referred to in
subregulation (3), the Commissioner shall give the member a notice
stating —
(a) the
reasons for the further investigation or analysis;
(b) the
period of time required to complete the further investigation or analysis; and
(c) the
reason for the need for that period of time.
(5) Despite deciding
under section 33L(3)(a) of the Act not to take removal action, the
Commissioner may consider whether or not the member’s performance or
conduct warrants other action being taken in relation to the member under the
Act or these regulations.
[Regulation 6A07 inserted in Gazette
26 Aug 2003 p. 3761-2.]
(1) If during an
assessment under this Part the Commissioner concludes that he or she has lost
confidence in the suitability of the member the subject of the assessment to
continue as a member on a ground other than a ground set out in the notice the
Commissioner shall —
(a) give
the member notice in writing of the further ground;
(b)
provide to the member a copy of any documents and make available for
inspection any other materials that have been examined and taken into account
by the Commissioner during the assessment under this Part with the exception
of —
(i)
those documents copies of which have already been given
to the member or materials which have already been made available for
inspection by the member under this Part; and
(ii)
privileged documents or materials;
and
(c)
allow the member a specified period to provide a response to the further
ground.
(2) For the purpose of
subregulation (1), the specified period is —
(a) the
period of 21 days beginning on the day on which the member is given the
notice of the further ground or copies of documents under
subregulation (1), whichever is the later; or
(b) such
other longer period as the Commissioner may approve on an application made
before the expiration of the period referred to in paragraph (a).
(3) If the
Commissioner does not provide the member with a copy of a document or make
available for inspection any other material that was examined and taken into
account by the Commissioner during the assessment because it is privileged the
Commissioner shall advise the member of the ground for the document or
material being privileged.
(4)
Subregulation (3) does not apply if the Commissioner has already advised
the member under this Part of the ground for the document or material being
privileged.
[Regulation 6A08 inserted in Gazette
26 Aug 2003 p. 3762-3.]
(1) A notice under
section 33L(3)(b) of the Act shall be given to the member within
7 days of the making of the decision to take removal action.
(2) The Commissioner
is not required to comply with section 33L(5)(b) of the Act —
(a) to
the extent that he or she has already provided the member with a copy of the
documents or made available to the member for inspection any other materials
under this Part; or
(b) the
documents or materials are privileged.
(3) If the
Commissioner does not comply with section 33L(5)(b) of the Act because
the documents or materials are privileged the Commissioner shall advise the
member of the ground for the documents or materials being privileged.
(4)
Subregulation (3) does not apply if the Commissioner has already advised
the member under this Part of the ground for the documents or materials being
privileged.
[Regulation 6A09 inserted in Gazette
26 Aug 2003 p. 3763.]
(1) If a notice or
document is required to be given to a member under Part IIB of the Act or
this Part, service may be effected on the member —
(a) by
delivering it to the member personally;
(b) by
properly addressing and posting it (by pre-paid post) as a letter to the usual
or last known place of abode of the member or address for service given by the
member in writing to the assistant commissioner;
(c) by
leaving it for the member at his or her usual or last known place of abode; or
(d) by
leaving if for the member at an address for service given by the member in
writing to the assistant commissioner.
(2) Service under
subregulation (1) is to be taken to be effected —
(a) in
the case of service under subregulation (1)(a), at the time of delivery
to the member;
(b) in
the case of service under subregulation (1)(b), at the time when the
letter would have been delivered in the ordinary course of post;
(c) in
the case of service under subregulation (1)(c), at the time it is left at
the abode; or
(d) in
the case of service under subregulation (1)(d), at the time it is left at
the address given to the assistant commissioner.
[Regulation 6A10 inserted in Gazette
26 Aug 2003 p. 3764.]
Regulations 6A02
to 6A08 do not apply where removal action is taken or to be taken in
respect of a member because the medical board has reported under
regulation 1402(4) that he or she is unfit for further active service.
[Regulation 6A11 inserted in Gazette
26 Aug 2003 p. 3764.]
During any period in
which consideration is being given to a member’s suitability to continue
as a member of the Police Force the Commissioner of Police and the Governor
shall not suspend the member’s pay.
[Regulation 6A12 inserted in Gazette
26 Aug 2003 p. 3764.]
[Part VII (r. 701-8) deleted in Gazette 22 Dec 2006
p. 5823.]
[Part VIIA deleted in Gazette 17 Mar 1995 p. 1055.]
[Heading amended in Gazette 30 Mar 1990
p. 1665; 21 Aug 1998 p. 4678.]