Western Australian Consolidated Acts

PRISONS ACT 1981 - SECT 109

109 .         Fines may be deducted from pay etc.

        (1)         A fine lawfully imposed under this Act on a prison officer may be deducted, by order of the chief executive officer, from the pay due to the prison officer or any other moneys due to him in respect of his employment.

        (2)         A penalty lawfully imposed under this Part on a prison officer shall continue to have effect and be given effect to notwithstanding the institution of an appeal under section 108, but the chief executive officer shall ensure that any necessary financial adjustments or other appropriate action are made or taken upon the determination of the appeal.

        (3)         Notwithstanding subsection (2), a penalty of dismissal lawfully imposed under this Part on a prison officer shall not take effect — 

            (a)         in the case of a prison officer who appeals under section 108, until the penalty is confirmed upon determination of the appeal; or

            (b)         in any other case, until 14 days after the prison officer is informed of the penalty of dismissal imposed on him,

                and, in every case where a penalty of dismissal is imposed, the prison officer shall be deemed to have been suspended from duty without pay or other entitlements from the time of imposition of the penalty until the determination of his appeal or the expiration of the period of 14 days, as the case may require.

        (4)         A prison officer who is suspended from duty under subsection (3) shall be entitled to receive full pay and entitlements for the period of his suspension if, upon the determination of his appeal, the charge against him is dismissed.

        (5)         Where upon the determination of an appeal under section 108 the Appeal Tribunal modifies a penalty of dismissal imposed on a prison officer to a penalty other than dismissal, the Appeal Tribunal may direct that the prison officer shall be paid full or partial pay and other entitlements for the period of his suspension from duty under subsection (3).

        [Section 109 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32.]

[Part XA deleted by No. 75 of 2003 s. 56(1).]