POLICE AMENDMENT ACT 2003 (NO. 7 OF 2003)

Western Australian Numbered Acts

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POLICE AMENDMENT ACT 2003 (NO. 7 OF 2003) - SECT 9

9 . Transitional provisions

(1) In this section —

“commencement day” means the day on which section 6 of this Act comes into operation;

“member” has the same meaning as it has in section 33K of the Police Act 1892 (as inserted by section 6 of the Police Amendment Act 2003 ).

(2) If on or after 5 July 2002 and before the commencement day —

(a) a person is removed under section 8 of the Police Act 1892 ; or

(b) a person’s appointment is revoked under section 38A(1)(b) of that Act,

because the Commissioner of Police does not have confidence in the person’s suitability to continue as a member, the provisions of Part IIB of the Police Act 1892 , listed in the Table to this subsection, as inserted by section 6 of the Police Amendment Act 2003 , apply to that removal or revocation as if the removal or revocation took place on the commencement day but subject to any necessary modifications and any modifications set out in the Table.

Table

s. 33K

s. 33N

The reference to removal action taken under section 33L and removal from office is to be read as if it referred to action referred to in paragraph (a) or (b).

s. 33P

Subsection (1) does not apply but the section is to be read as if it contained the following subsection —

“
(1) A person —
(a) who is removed under section 8 of the Police Act 1892 ; or
(b) whose appointment is revoked under section 38A(1)(b) of that Act,

may appeal to the WAIRC on the ground that the removal or revocation decision of the Commissioner of Police was harsh, oppressive or unfair.

”.

s. 33Q

s. 33R

In subsections (9) and (10)(b), the references to the “reasons given to the appellant under section 33L(5)(a)” are to be read as a reference to reasons given by the Commissioner of Police to the appellant before the commencement day relating to or arising out of the member’s removal under section 8 of the Police Act 1892 or revocation of appointment under section 38A(1)(b) of that Act.

In subsection (11), in the definition of “new evidence” —

(a) in paragraph (a), the reference to removal action is to be read as a reference to action referred to in paragraph (a) or (b) of this subsection;
(b) paragraphs (b), (c), (d) and (e) do not apply but the definition is to be read as if it contained the following paragraphs —

“
(b) any notice given to the appellant by the Commissioner of Police before the day on which section 6 of the Police Amendment Act 2003 comes into operation relating to or arising out of the member’s removal under section 8 or revocation of appointment under section 38A(1)(b) of the Police Act 1892 ;

(c) any written submission made before the day on which section 6 of the Police Amendment Act 2003 comes into operation by the appellant to the Commissioner of Police relating to or arising out of the member’s removal under section 8 or revocation of appointment under section 38A(1)(b) of the Police Act 1892 ;

(d) a notification before the day on which section 6 of the Police Amendment Act 2003 comes into operation by the Commissioner of Police to the appellant that the appellant was removed under section 8 of the Police Act 1892 or that the appellant’s appointment was revoked under section 38A(1)(b) of that Act.

”.

s. 33S-33Y

(3) If before the commencement day the Commissioner of Police has lost confidence in a member’s suitability to continue as a member and has given the member a notice of intention but has not —

(a) removed the member under section 8 of the Police Act 1892 ; or

(b) revoked the member’s appointment under section 38A(1)(b) of that Act,

Part IIB of the Police Act 1892 , as inserted by section 6 of the Police Amendment Act 2003 , applies with any necessary modifications as if —

(d) the notice were given to the member on the commencement day.

(4) Part IIB of the Police Act 1892 , as inserted by section 6 of the Police Amendment Act 2003 , does not affect any legal proceedings commenced before, on or after the commencement day relating to —

(a) the removal of a person under section 8 of the Police Act 1892 ; or

(b) the revocation of a person’s appointment under section 38A(1)(b) of that Act,

before the commencement day.

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s. 33K
s. 33N	The reference to removal action taken under section 33L and removal from office is to be read as if it referred to action referred to in paragraph (a) or (b).
s. 33P	Subsection (1) does not apply but the section is to be read as if it contained the following subsection — “ (1) A person — (a) who is removed under section 8 of the Police Act 1892 ; or (b) whose appointment is revoked under section 38A(1)(b) of that Act,
	may appeal to the WAIRC on the ground that the removal or revocation decision of the Commissioner of Police was harsh, oppressive or unfair. ”.
s. 33Q
s. 33R	In subsections (9) and (10)(b), the references to the “reasons given to the appellant under section 33L(5)(a)” are to be read as a reference to reasons given by the Commissioner of Police to the appellant before the commencement day relating to or arising out of the member’s removal under section 8 of the Police Act 1892 or revocation of appointment under section 38A(1)(b) of that Act. In subsection (11), in the definition of “new evidence” —
	(a) in paragraph (a), the reference to removal action is to be read as a reference to action referred to in paragraph (a) or (b) of this subsection; (b) paragraphs (b), (c), (d) and (e) do not apply but the definition is to be read as if it contained the following paragraphs —
	“ (b) any notice given to the appellant by the Commissioner of Police before the day on which section 6 of the Police Amendment Act 2003 comes into operation relating to or arising out of the member’s removal under section 8 or revocation of appointment under section 38A(1)(b) of the Police Act 1892 ;
	(c) any written submission made before the day on which section 6 of the Police Amendment Act 2003 comes into operation by the appellant to the Commissioner of Police relating to or arising out of the member’s removal under section 8 or revocation of appointment under section 38A(1)(b) of the Police Act 1892 ;
	(d) a notification before the day on which section 6 of the Police Amendment Act 2003 comes into operation by the Commissioner of Police to the appellant that the appellant was removed under section 8 of the Police Act 1892 or that the appellant’s appointment was revoked under section 38A(1)(b) of that Act. ”.
s. 33S-33Y