Appeal and review process for police officers approved [Audio]

10/8/98

State Cabinet today approved the establishment of an appeal and review process for police officers subject to dismissal proceedings initiated by the Police Commissioner under Section 8 of the Police Act 1892.

Police Minister Kevin Prince said the internal review and appeal process, which would be an interim arrangement for 12 months, had been agreed to by both the Commissioner Bob Falconer and the WA Police Union.

"The Commissioner and I share the view that members of the police service should have the right of internal review and appeal from a Section 8 recommendation," Mr Prince said.

"New legislation will be developed to give effect to a permanent appeal and review process following an evaluation of the interim arrangements approved by Cabinet today."

Under the interim arrangements, a police officer can respond to a Notice of Intention by the Commissioner who is obliged to assess the member's response.

The member can appeal to the WA Industrial Relations Commission under Section 80ZE of the Industrial Relations Act 1979 if the Commissioner proceeds with the recommendation for dismissal.

"The interim appeal arrangements are not limited to a review of process," Mr Prince said.

"They go to merit as evidenced by requiring the member to establish that the removal was 'harsh, oppressive or unfair' which are the tests relied upon in regular unfair dismissal cases and encapsulate merit issues."

Mr Prince said Section 80ZE allowed the Minister for Labour Relations to refer a matter - which may affect industrial relations - for inquiry and report, to the WAIRC.

The appeal would be heard by three WAIRC Commissioners who would report back to the Minister for Labour Relations on the matter who would in turn, refer it to the Minister for Police for his consideration. The report is not binding on either Minister or the Commissioner.

"The reliance on Section 80ZE is the only means of giving the appeal process a statutory basis and therefore the ability to summon witnesses and to administer oaths," Mr Prince said.

"I consider this process provides a fair and proper avenue of appeal to members subject to a Section 8 notice."

Mr Prince said the appeal process is available to any police officer facing a Section 8 notice.

Media contact: Kirsten Stoney 9221 1377