Western Australia: Police Act 1892 (WA)

Western Australia Police Act 1892 Western Australia Police Act 1892 Contents Part IA — Preliminary 3. Short title 1 Part I — As to the appointment of officers and constables of the Police Force 5. Commissioner of Police, appointment and functions of 1 6. Commissioned officers, appointment and control of 1 7. Non‑commissioned officers, appointment and functions of 1 8. Commissioned and non‑commissioned officers, removal of 1 Part II — As to the regulations, duties and discipline of the Police Force 9. Commissioner may make rules, orders and regulations for members of the Police Force and others and for related matters 1 10. Engagement to be subscribed by officers and constables 1 11. Person subscribing engagement bound to serve as member of the Police Force 1 12. Non‑commissioned officer and constable not to resign without leave or notice 1 13. Former members of Police Force etc. to return uniforms etc. 1 14. Officers and constables subject to duty in any part of the State, as if no Police District had been established 1 16. Police clothing, unauthorised possession of 1 16A. Detective, unauthorised use of the term 1 17. Repute to be evidence of appointment 1 21. Non‑commissioned officers and constables to execute court process 1 22. Constables to attend courts of summary jurisdiction 1 23. Disciplinary offences, how they are dealt with 1 29. Forfeiture of office for financial difficulty 1 30. Bankrupt may be reinstated 1 31. Obtaining admission into the Force by fraud 1 32. Members of the Force not to influence voters at elections 1 33. Fines and penalties to be credited to Consolidated Account 1 Part IIA — Police Appeal Board 33A. Terms used 1 33B. Constitution of Board 1 33C. Tenure of office 1 33D. Secretary to Board 1 33E. Right of appeal to Board on disciplinary offences 1 33F. Institution of appeal 1 33G. Witnesses at and evidence taken on appeal 1 33H. Determination of appeal 1 33I. Decision to be sent to Commissioner 1 33J. Regulations 1 Part IIB — Removal of members Division 1 — Preliminary 33K. Terms used 1 Division 2 — Removal of members 33L. Notice of loss of confidence to be given before removal action is taken 1 33M. Maintenance payment 1 33N. Revocation of removal action 1 33O. Resignation of member who has been removed 1 Division 3 — Appeal in relation to removal 33P. Appeal right 1 33Q. Proceedings on appeal 1 33R. New evidence on appeal 1 33S. Application of Industrial Relations Act 1979 to appeals 1 33T. Adjournment of appeal if appellant charged with offence 1 33U. Decision by the WAIRC 1 33V. Restriction on publication 1 Division 4 — General 33W. Effect of charge for an offence or an acquittal 1 33X. Failure to comply with procedure 1 33Y. Transfer, standing down and leave of member 1 33Z. Review of Part IIB 1 Part IIC — Medical retirement Division 1 — Preliminary 33ZA. Summary of Part 1 33ZB. Terms used 1 Division 2 — How members can be retired on medical grounds 33ZC. Examination of member by medical board 1 33ZD. Notice that Police Commissioner is of opinion that member is medically unfit 1 33ZE. Power to retire member on medical grounds 1 33ZF. Maintenance payment 1 33ZG. Revocation of decision that member should be retired 1 33ZH. Resignation of member who has been retired on medical grounds 1 Division 3 — Appeal against decision that member should be retired on medical grounds 33ZI. Appeal right 1 33ZJ. Proceedings on appeal 1 33ZK. New evidence on appeal 1 33ZL. Application of Industrial Relations Act 1979 to the appeal 1 33ZM. Decision by the WAIRC 1 33ZN. Restriction on publication 1 Division 4 — General 33ZO. Failure to comply with procedure 1 33ZP. Transfer, standing down and leave of member 1 33ZQ. Transitional provision 1 Part 2D — Compensation scheme for medically retired members Division 1 — Preliminary 33ZR. Summary of Part 1 33ZS. Terms used 1 33ZT. No effect on other entitlements 1 Division 2 — Compensation scheme 33ZU. Application of compensation scheme 1 33ZV. Police Commissioner to pay compensation 1 33ZW. Compensation for permanent impairment 1 33ZX. Noise induced hearing loss 1 33ZY. AIDS 1 33ZZ. Compensation for permanent total incapacity for work 1 Division 3 — Dispute resolution Subdivision 1 — Police Compensation Tribunal 33ZZA. Establishment and jurisdiction 1 33ZZB. Lodgment of disputes 1 Subdivision 2 — Proceedings for dispute 33ZZC. Tribunal must deal with disputes lodged with it 1 33ZZD. Application of provisions of IR Act 1 33ZZE. Parties and representation 1 33ZZF. Conciliation 1 33ZZG. Compulsory attendance at conciliation 1 33ZZH. Arbitration 1 Division 4 — Regulations 33ZZI. Regulations under section 138A may make provision for purposes of Part 1 33ZZJ. IR regulations 1 Part III — Special constables 34. Terms used 1 35. Appointing and terminating special constables 1 36. Functions of special constables 1 37. Special constables not in the Police Force 1 Part IIIA — Aboriginal police liaison officers 38A. Terms used 1 38B. Appointing and terminating Aboriginal police liaison officers 1 38C. Functions of APLOs 1 38D. APLOs not in the Police Force 1 38E. Transitional 1 Part IIIB — Police auxiliary officers 38F. Terms used 1 38G. Appointing police auxiliary officers 1 38H. Functions of police auxiliary officers 1 38I. Police auxiliary officers not in the Police Force 1 Part IV — As to the establishment of Police Districts 39. Police Districts 1 Part IVA — Use of police property in relation to advertising 39A. Terms used 1 39B. Contracts for advertising using police property 1 39C. Financial provisions relating to contracts 1 Part IVB — Charging for services at major events 39D. Purpose of this Part 1 39E. Terms used 1 39F. Term used: major event 1 39G. Providing and charging for services at major events 1 39H. Minister may exempt government‑sponsored events 1 39I. Regulations prescribing amounts chargeable for police services at major events 1 39J. Recovery of amounts payable 1 39K. Power to waive or refund amounts payable 1 39L. Commissioner of Police to publish charging policy 1 39M. Delegation by Commissioner of Police 1 39N. Review of Part IVB 1 Part VIII — Miscellaneous provisions 135. Family violence incident reporting 1 136. Terms used in s. 137 and 138 1 137. Protection from personal liability 1 138. Corrupt or malicious acts by police 1 138AA. Application of Financial Management Act 2006 and Auditor General Act 2006 to moneys received by Commissioner 1 138A. Regulations 1 142. Commencement of Act 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Police Act 1892 An Act to consolidate and amend the law relating to the police in Western Australia. Part IA — Preliminary [Heading inserted: No. 19 of 2010 s. 43(2).] [1. Omitted under the Reprints Act 1984 s. 7(4)(f).] [2. Deleted: No. 59 of 2006 s. 61.] 3. Short title This Act may be cited as the Police Act 1892. [Section 3 amended: No. 15 of 1952 s. 4 and 5; No. 28 of 1953 s. 3; No. 25 of 1954 s. 3; No. 28 of 1964 s. 3; No. 18 of 1975 s. 2; No. 146 of 1976 s. 3; No. 57 of 1981 s. 23; No. 108 of 1982 s. 3; No. 21 of 1983 s. 4; No. 14 of 1996 s. 4; No. 10 of 1998 s. 59.] Part I — As to the appointment of officers and constables of the Police Force [4. Omitted under the Reprints Act 1984 s. 7(4)(e).] 5. Commissioner of Police, appointment and functions of The Governor may from time to time appoint a fit and proper person to be Commissioner of Police throughout the said State, and as occasion shall require may remove any Commissioner of Police and appoint another in his stead; and every Commissioner of Police shall be charged and vested with the general control and management of the Police Force of the said State, and also of any special constables who may be appointed as hereinafter provided. 6. Commissioned officers, appointment and control of The Governor may appoint such officers of police as may be found necessary, who shall hold commissions under the hand of the Governor for such appointments; and such commissioned officers shall be subject to the control and discipline of the Commissioner of Police, and shall be respectively charged with the government and superintendence of such portion of the Police Force as such Commissioner may from time to time direct. [Section 6 amended: No. 24 of 1969 s. 2; No. 6 of 1978 s. 2.] 7. Non‑commissioned officers, appointment and functions of (1) The Commissioner of Police may appoint so many non‑commissioned officers and constables of different grades as he shall deem necessary for preservation of peace and order throughout the said State, subject, however, to the approval of the Governor. (2) The Minister, or a person authorised by him, may appoint persons to be police cadets who shall have such powers and privileges and be liable to such duties and obligations as may be prescribed, but shall not be members of the Police Force. [Section 7 amended: No. 6 of 1978 s. 3; No. 59 of 2006 s. 62.] 8. Commissioned and non‑commissioned officers, removal of (1) The Governor may, from time to time as he shall see fit, remove any commissioned officer of police, and upon any vacancy for a commissioned officer, by death, removal, or otherwise, the Governor may appoint some other fit person to fill the same; and the Commissioner of Police may, from time to time, as he shall think fit, suspend and, subject to the approval of the Minister, remove any non‑commissioned officer or constable; and in case of any vacancy in the Police Force by reason of the death, removal or otherwise of any non‑commissioned officer or constable, the Commissioner of Police may appoint another person to fill such vacancy. (2) The powers of removal referred to in subsection (1) can be exercised only if the Commissioner of Police has complied with section 33L and that removal action has not been revoked under section 33N(1). (3) Subsection (2) does not apply where a person is removed from a commissioned office to be appointed to another commissioned office so long as that appointment — (a) is to an office at a level not less than the level of the office from which the person was removed; or (b) is made with the consent of the person. (4) Subsection (2) does not apply to the removal of a police probationary constable. [Section 8 amended: No. 24 of 1969 s. 3; No. 7 of 2003 s. 4; No. 19 of 2019 s. 4.] Part II — As to the regulations, duties and discipline of the Police Force 9. Commissioner may make rules, orders and regulations for members of the Police Force and others and for related matters The Commissioner of Police may, from time to time, with the approval of the Minister, frame rules, orders, and regulations for the general government of the members of the Police Force, police auxiliary officers, police cadets and Aboriginal police liaison officers, as well with respect to their places of residence, their classification, grade, distribution, particular service, and inspection, as to the description of the arms, accoutrements, and other necessaries to be furnished to them and all such other rules, orders, and regulations relative to the Police Force, police auxiliary officers, cadets and Aboriginal police liaison officers, and the control, management, and discipline thereof as may be necessary for rendering the same efficient for the discharge of the several duties thereof, and for the purpose of preventing neglect or abuse; and as the Minister considers necessary or desirable for establishing and conducting a Police Force Canteen. [Section 9 amended: No. 40 of 1958 s. 8; No. 91 of 1975 s. 3; No. 6 of 1978 s. 4; No. 8 of 2008 s. 4; No. 42 of 2009 s. 4.] 10. Engagement to be subscribed by officers and constables No person shall be capable of holding any office, or appointment in the Police Force, or of acting in any way therein, until he shall have subscribed the following engagement, namely — I, A.B., engage and promise that I will well and truly serve our Sovereign Lady the Queen, in the office of [Commissioner of Police, inspector, sub‑inspector, or other officer, or constable, as the case may be], without favour or affection, malice, or illwill, until I am legally discharged; that I will see and cause Her Majesty's peace to be kept and preserved, and that I will prevent, to the best of my power, all offences against the same; and that, while I shall continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law. And the said engagement shall be subscribed in the presence of and attested by a Justice or commissioned officer of the Force. [Section 10 amended: No. 91 of 1975 s. 4.] 11. Person subscribing engagement bound to serve as member of the Police Force Every person, on subscribing such engagement, shall be thereby bound to serve Her Majesty as a member of the Police Force, at the current rate of pay for such member, and until legally discharged, from the day on which such engagement shall have been subscribed: Provided that no such engagement shall be set aside for the want of reciprocity: Provided further, that such engagement may be cancelled at any time by the lawful discharge, dismissal, or removal from office of any such person, or by the resignation of any such person being accepted by the Commissioner of Police. 12. Non‑commissioned officer and constable not to resign without leave or notice No non‑commissioned officer or constable shall be at liberty to resign his office, or to withdraw himself from the duties thereof, notwithstanding the period of his engagement shall have expired, unless expressly authorised in writing to do so by the Commissioner of Police, or unless he shall have given to such Commissioner 3 calendar months' notice of his intention so to resign or withdraw, if stationed north of the 18th parallel of south latitude or one calendar month's notice if stationed elsewhere, and every member who shall so resign or withdraw himself without such leave or notice shall, upon conviction thereof, be liable to forfeit all arrears of pay then due to him, and to a penalty of not more than $50, or may be committed to prison for a period not exceeding 14 days. [Section 12 amended: No. 28 of 1964 s. 4; No. 113 of 1965 s. 8; No. 91 of 1975 s. 5; No. 59 of 2004 s. 141.] 13. Former members of Police Force etc. to return uniforms etc. Every member of the Police Force, whether special or ordinary, and every police auxiliary officer and Aboriginal police liaison officer, having been dismissed from, or having ceased to hold his office, shall forthwith deliver to the Commissioner of Police, or to such person, and at such time and place, as the said Commissioner or a commissioned officer of the Force may direct, all and every the clothing, arms, ammunition, and accoutrements, horses, saddles, bridles, appointments, and other property which have been supplied to him for the execution of his duty, or which may be in his custody by virtue of his office; and in default of such delivery shall, on conviction thereof, be liable to a penalty not exceeding $300, in addition to the value of the property not so delivered; and any Justice may issue his warrant to search for and seize all and every the clothing, arms, ammunition, and accoutrements, horses, saddles, bridles, appointments, and property not so delivered, wherever the same may be found. [Section 13 amended: No. 28 of 1964 s. 5; No. 113 of 1965 s. 8; No. 91 of 1975 s. 6; No. 51 of 1992 s. 16(3); No. 78 of 1995 s. 147; No. 59 of 2004 s. 141; No. 8 of 2008 s. 5; No. 42 of 2009 s. 5.] 14. Officers and constables subject to duty in any part of the State, as if no Police District had been established Notwithstanding the establishment of any Police District, all officers and constables belonging to the Police Force who may be stationed in any such district shall continue as part of such Force and be subject to the same authority, and be liable, if required, to perform the same duty in any part of the said State or elsewhere, as if no such Police District had been established; and if any members of the Police Force be employed beyond the limits of the said State every member so employed shall be amenable to and obey in all respects the lawful commands of his superior officers, and shall be liable to the same penalties, forfeitures, and punishments, in all respects, for any offence against the discipline of the Police Force, in any service in which he may be so employed beyond the limits of the said State, in the same manner as if such offence against the discipline of the Police Force had been committed within the said State. [Section 14 amended: No. 6 of 1978 s. 5.] [15. Deleted: No. 8 of 2008 s. 6.] 16. Police clothing, unauthorised possession of (1) In this section — police clothing means any article of clothing or any accessory that is issued to a member of the Police Force to be worn in the course of the member's duties. (2) A person who is not a member of the Police Force must not, without lawful excuse, be in possession of police clothing. Penalty: a fine of $9 000 and imprisonment for 9 months. (3) Subsection (2) does not apply to a person who, with the approval of the Commissioner, possesses police clothing for use in the course of his or her duties — (a) as a supervisor of a Police and Citizens' Youth Club; (b) as a member of the Police Band; or (c) as a chaplain to the Police Force. (4) An allegation in a charge of an offence under this section that at the material time the accused was not a member of the Police Force or was not authorised under subsection (3) must be taken to be proved, unless the contrary is proved. (5) In a prosecution for an offence under subsection (2), the accused has the onus of proving that the accused had a lawful excuse. [Section 16 inserted: No. 70 of 2004 s. 41.] 16A. Detective, unauthorised use of the term (1) Any person, not being either a member of the Police Force of this State or a member of the Police Force of the Commonwealth or of any other State of the Commonwealth temporarily residing in this State, who uses in any manner whatsoever the word "detective" as descriptive of the nature of his business, vocation, calling, or means of livelihood with a view to soliciting, procuring or obtaining the engagement or employment by other persons of his service as an inquiry agent or investigator in respect of matters in relation to which such other persons require information or evidence shall be guilty of an offence. Penalty: $2 500. (2) On the trial of a person charged with an offence under subsection (1) the averment in the charge that he was not at some particular time either a member of the Police Force of this State or a member of the Police Force of the Commonwealth or any other State of the Commonwealth is sufficient evidence of the fact until the contrary is proved. [Section 16A inserted: No. 5 of 1945 s. 2; amended: No. 28 of 1964 s. 8; No. 113 of 1965 s. 8; No. 24 of 1969 s. 5; No. 91 of 1975 s. 9; No. 50 of 2003 s. 85(4); No. 84 of 2004 s. 80.] 17. Repute to be evidence of appointment If any question shall arise as to the right of the Commissioner of Police, or any other officer or member of the Police Force, to hold or execute his office, common reputation shall to all intents and purposes be deemed sufficient evidence of such right, and it shall not be necessary to have or produce any written appointment, or any oath, or other document or matter whatsoever, in proof of such right. [18. Deleted: No. 70 of 2004 s. 42.] [19. Deleted: No. 6 of 1978 s. 6.] [20. Deleted: No. 70 of 2004 s. 43.] 21. Non‑commissioned officers and constables to execute court process Every non‑commissioned officer and constable of the Police Force shall execute all process to him directed for levying the amount of any recognisance forfeited to Her Majesty, or of any fine imposed on any jurors, witnesses, parties, or persons, at any Court of Judicature, or any other fine imposed under any Act in force in the said State, and any process, or any other warrant or command of any Justice directed, delivered, or given to any such non‑commissioned officer or constable, shall or may be executed and enforced by any other such officer or constable, or his assistants; and every such last‑mentioned officer, constable, and his assistants, shall have all and every the same rights, powers, and authorities for and in the execution of such process, order, warrant, or command, as if the same had originally been directed to him or them expressly by name. And a breach of the condition of a recognisance may be proved upon ex parte proof on oath thereof. [Section 21 amended: No. 92 of 1994 s. 32; No. 59 of 2004 s. 141.] 22. Constables to attend courts of summary jurisdiction The Commissioner or other commissioned officer of police shall take care that a sufficient number of police constables shall be available to every court of summary jurisdiction for the purpose of executing such summonses and warrants as may be directed to them, and returning the same. [Section 22 amended: No. 30 of 1983 s. 3; No. 47 of 1999 s. 30; No. 59 of 2004 s. 141.] [Heading deleted: No. 19 of 2010 s. 44(3).] 23. Disciplinary offences, how they are dealt with (1) The Commissioner, or an officer appointed by the Commissioner for the purpose, may examine on oath any member of the Police Force, police auxiliary officer, police cadet or Aboriginal police liaison officer upon a charge of an offence against the discipline of the Police Force being made against any member of the Force, police auxiliary officer, cadet or liaison officer. (2) Where the member of the Force against whom the charge is alleged is an officer, an examination under this section shall be conducted by an officer of the rank of Chief Superintendent or above. (3) The Commissioner or officer conducting an examination under this section shall have the same power to summon and examine witnesses and to administer oaths as a Justice. (4) Where the Commissioner or officer conducting an examination under this section determines as a result of that examination that any other member of the Police Force or any police auxiliary officer, police cadet or Aboriginal police liaison officer has committed an offence against the discipline of the Police Force, he shall record that determination in writing and, subject to the provisions of subsection (5), may thereupon caution such member, police auxiliary officer, cadet or liaison officer or by order in writing impose on him one or more of the following punishments — (a) a reprimand; (b) a fine of not more than 3% of the annual base rate of pay of the member, police auxiliary officer, cadet or liaison officer; (c) demotion; (d) reduction in salary to a specified rate within the limits of salary fixed in relation to the office held by him; (e) suspension from duty; (f) discharge or dismissal from the Force or, in the case of a police auxiliary officer or Aboriginal police liaison officer, cancellation of his appointment. (5) An order made under subsection (4) for demotion or reduction in salary, suspension from duty, discharge or for dismissal or cancellation of appointment, shall not have effect unless or until — (a) in the case of a member who is not an officer, or of a police auxiliary officer, cadet or liaison officer, it is imposed or confirmed by the Commissioner; or (b) in the case of an officer, it is confirmed by the Governor. (6) An order made under subsection (4) which is subject to confirmation by the Governor shall not be submitted to the Governor for such confirmation unless or until — (a) the time within which an appeal to the Board against the punishment, decision or finding to which the order relates may be made under this Act has elapsed and no such appeal has been instituted; or (b) such an appeal to the Board has been instituted and has been determined by the Board in accordance with the provisions of this Act. (7) A fine imposed on a person under this section may be recovered — (a) by deducting the amount from the salary of the person as a single sum or by instalments, as the Commissioner decides; or (b) as a debt due to the State in a court of competent jurisdiction. [Section 23 inserted: No. 6 of 1978 s. 7; amended: No. 7 of 2003 s. 5; No. 8 of 2008 s. 7; No. 42 of 2009 s. 6.] [24‑25. Deleted: No. 6 of 1978 s. 7.] [26. Deleted: No. 25 of 1954 s. 6.] [27. Deleted: No. 28 of 2003 s. 156.] [28. Deleted: No. 6 of 1978 s. 8.] 29. Forfeiture of office for financial difficulty A person who is a member of the Force forfeits the person's office as a member of the Force if the person is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws. [Section 29 inserted: No. 18 of 2009 s. 68.] 30. Bankrupt may be reinstated When any such member of the Force has so forfeited his office, if he prove to the satisfaction of the Governor that such embarrassment has not been caused or attended by any fraud, extravagance, or dishonourable conduct, the Governor may reinstate such member of the Force in his former position in the service. 31. Obtaining admission into the Force by fraud Any person having been dismissed from the Force who shall, by concealing the fact of such dismissal, or any person who shall by any false or forged certificates or any false representations, obtain admission into the Force, or who by any such means shall receive any pay, gratuity, or pension, shall be liable, on conviction thereof, to a fine not exceeding $2 500. [Section 31 amended: No. 28 of 1964 s. 11; No. 113 of 1965 s. 8; No. 91 of 1975 s. 16; No. 50 of 2003 s. 85(6); No. 59 of 2004 s. 141.] 32. Members of the Force not to influence voters at elections No member of the Force shall in any manner influence any elector in giving his vote for the choice of any person to be a member to serve in the Legislative Council or Legislative Assembly; and if any person being a member of the Force shall offend herein he shall forfeit a sum not less than $10 nor exceeding $200, to be recovered by any person who shall first sue for the same by action in the Magistrates Court to be commenced within 6 months after commission of the offence; but nothing herein contained shall subject any member of the Force to any penalty for any act done by him at or concerning any of the said elections in the discharge of his duty. [Section 32 amended: No. 113 of 1965 s. 8; No. 59 of 2004 s. 141.] 33. Fines and penalties to be credited to Consolidated Account All fines and penalties imposed under this Part on a person appointed under this Act must be credited to the Consolidated Account. [Section 33 inserted: No. 42 of 2009 s. 7.] Part IIA — Police Appeal Board [Heading inserted: No. 25 of 1954 s. 7.] 33A. Terms used In this Part unless the context requires otherwise — Board means the Police Appeal Board constituted under this Part; Chairman means the Chairman of the Board; Commissioner means the person for the time being holding the office of Commissioner of Police; member means a member of the Board. [Section 33A inserted: No. 25 of 1954 s. 7.] 33B. Constitution of Board (1) A Police Appeal Board is constituted in accordance with this Part. (2) The Board consists of 3 members — (a) a magistrate appointed by the Governor and who shall be Chairman; (b) a person appointed by the Commissioner; and (c) a member of the Police Force elected by the members of the Police Force in manner prescribed. (3) Each member of the Board is entitled to such allowances for out of pocket expenses as the Minister may determine. [Section 33B inserted: No. 25 of 1954 s. 7; amended: No. 59 of 2004 s. 141.] 33C. Tenure of office (1) Subject to the provisions of subsection (2), every member shall hold office until 30 June in the second year after the year in which he was appointed or elected and at the expiration of his term is eligible for reappointment. (2) If any member — (a) dies or resigns his office; (b) becomes incapable of continuing as a member; (c) is guilty of misbehaviour or of incapacity; (d) ceases to hold the required qualifications to be a member; (e) is required to carry out duties the location or nature of which in the opinion of the Minister make it inconvenient or undesirable that he continue as a member, his office on the Board becomes vacant and a successor shall be appointed who shall hold office for the residue of the term for which his predecessor was appointed. (3A) Where the office of the elective member becomes vacant or the person holding that office is for any reason temporarily unable to act in his office, the member of the Police Force who received the second highest number of votes at the last previous election held under this Part, shall be appointed by the executive of the Police Union of Workers of Western Australia to fill the vacancy for the remainder of the term for which his predecessor was elected, or shall be so appointed to be acting member during the period of inability as the case may be. (3B) Where there is only one candidate at the election or if for any reason the person who received the second highest number of votes at the election is unable to act the executive of the union may appoint a member of the Police Force to fill the vacancy or be the acting member. (4) Where the office of the Chairman or the member appointed by the Commissioner becomes vacant or the person holding the office is temporarily unable to act in his office, the Governor may appoint a magistrate or the Commissioner may appoint a person as the case may require, to fill the vacancy for the remainder of the term for which his predecessor was appointed or to be acting Chairman or member during the period of inability as the case may be. [Section 33C inserted: No. 25 of 1954 s. 7; amended: No. 59 of 2004 s. 141; No. 19 of 2010 s. 51.] 33D. Secretary to Board The Minister shall appoint a person to be secretary to the Board, who shall convene all meetings of the Board, keep a record of all its proceedings and decisions and carry out such other duties as may be prescribed. [Section 33D inserted: No. 25 of 1954 s. 7.] 33E. Right of appeal to Board on disciplinary offences Where under the provisions of this Act a member of the Police Force, a police auxiliary officer, a police cadet or an Aboriginal police liaison officer has been convicted upon a summary investigation by the Commissioner or other officer appointed by the Commissioner, of an offence against the discipline of the Police Force, if that member, cadet, police auxiliary officer, or liaison officer is punished by the Commissioner or other officer as the case may be, by being discharged or dismissed from the Police Force, suspended from duty, removed from the office of police auxiliary officer or Aboriginal police liaison officer, reduced in rank, fined or transferred by way of punishment, he may appeal to the Board in accordance with the provisions of this Act against the punishment and against any decision or finding on which the punishment was based. [Section 33E inserted: No. 25 of 1954 s. 7; amended: No. 6 of 1978 s. 9; No. 8 of 2008 s. 8; No. 42 of 2009 s. 8.] 33F. Institution of appeal (1) An appeal shall be instituted by a notice of appeal containing the matters prescribed given by the appellant to the secretary of the Board within 14 days from the date the punishment, decision or finding appealed against is given and the Board shall hear the appeal within 30 days from the date the notice of appeal is so lodged. (2) The Chairman shall fix a time and place for the appeal and the secretary shall give the appellant and the Commissioner at least 7 days' notice of the time and place so fixed. (3) Where the hearing of the appeal is not commenced within the period of 30 days as prescribed by subsection (1), the punishment, decision or finding appealed against is rescinded and the appellant shall be reimbursed from moneys appropriated by Parliament for the administration of this Act, any loss of salary or expenses he has incurred as a result of the punishment, decision or finding, but if the hearing of the appeal is commenced within the period of 30 days the Board may allow any adjournment it thinks fit. [Section 33F inserted: No. 25 of 1954 s. 7.] 33G. Witnesses at and evidence taken on appeal (1) Upon the hearing of the appeal the Board may — (a) take evidence on oath or affirmation; (b) admit evidence taken at any summary investigation held under the provisions of sections 23 and 24 and at which the appellant was present and had an opportunity of hearing the evidence and of giving evidence; (c) admit as evidence any statement or document which in its opinion is relevant to the subject matter of the appeal. (2) The Board may — (a) issue summonses under the hand of the Chairman or the secretary of the Board requiring any witnesses to attend before the Board and give evidence, or to produce to the Board any books, documents or writings in his possession or under his control, which are relevant to the subject matter of the appeal; (b) require any person before the Board to take an oath or affirmation and answer questions put to him by the Board or by or on behalf of any party to the appeal. (3) A person who — (a) refuses or fails to comply with any requirement of a summons issued by the Board under this section and served on him; (b) refuses to take an oath or affirmation when required by the Board; (c) without lawful excuse refuses to answer a question which the Board requires him to answer; (d) wilfully interrupts the proceedings of the Board or in the course of the proceedings behaves offensively to the Chairman or a member, is guilty of an offence. Penalty: $100. (4) In any proceedings before the Board any party to the appeal may respectively be represented by his counsel, solicitor or agent duly appointed in writing for the purpose, who may examine and cross examine witnesses and address the Board. [Section 33G inserted: No. 25 of 1954 s. 7; amended: No. 113 of 1965 s. 8.] 33H. Determination of appeal (1A) Upon an appeal the Board may confirm, modify or reverse any decision, finding or punishment appealed against or make such other order thereon which the Board deems just and the decision of the Board is final. (1B) The Board may fix the costs of any appeal and direct by whom and the proportions in which they are payable but in every case the Board shall award costs against an appellant whose appeal is considered by the Board to be trivial, frivolous or vexatious. (1C) Costs awarded against an appellant are recoverable in a court of competent jurisdiction as a debt due to the Crown. (1D) Costs awarded to an appellant shall be paid from moneys appropriated by Parliament for the purpose of the administration of this Act. (2) The decision of any 2 members is the decision of the Board; but the deliberations of the Board and the individual views of a member except of his own volition shall not be disclosed or published. [Section 33H inserted: No. 25 of 1954 s. 7; amended: No. 19 of 2010 s. 51.] 33I. Decision to be sent to Commissioner The Chairman shall forward to the Commissioner a copy, certified by the Chairman as correct, of the decision of the Board and the Commissioner shall give effect to the decision of the Board. [Section 33I inserted: No. 25 of 1954 s. 7.] 33J. Regulations The Governor may make regulations prescribing any matters necessary or convenient to be prescribed for giving effect to this Part and without limiting the generality of this power, with respect to — (a) the nomination and election of members; (b) the mode of appealing and the practice and procedure on appeal; and (c) the duties to be performed by the secretary of the Board. [Section 33J inserted: No. 25 of 1954 s. 7.] Part IIB — Removal of members [Heading inserted: No. 7 of 2003 s. 6.] Division 1 — Preliminary [Heading inserted: No. 7 of 2003 s. 6.] 33K. Terms used In this Part, unless the contrary intention appears — appellant means a person who institutes an appeal under section 33P; Chief Commissioner has the same meaning as it has in the Industrial Relations Act 1979; industrial Commissioner has the same meaning as Commissioner has in the Industrial Relations Act 1979; member means — (a) a commissioned officer; (b) a non‑commissioned officer; (c) a constable; (d) an Aboriginal police liaison officer; (e) a police auxiliary officer; removal action means — (a) a recommendation by the Commissioner of Police that the Minister advise the Governor to remove a commissioned officer under section 8; (b) a recommendation by the Commissioner of Police that the Minister approve the removal of a non‑commissioned officer or constable under section 8; (c) the cancellation of the appointment of an Aboriginal police liaison officer under section 38B(4); (d) the cancellation of the appointment of a police auxiliary officer under section 38G(4); removal from office means — (a) a removal under section 8; or (b) the cancellation of the appointment of an Aboriginal police liaison officer under section 38B(4); (c) the cancellation of the appointment of a police auxiliary officer under section 38G(4); Senior Commissioner has the same meaning as it has in the Industrial Relations Act 1979; WAIRC means The Western Australian Industrial Relations Commission continued and constituted under the Industrial Relations Act 1979. [Section 33K inserted: No. 7 of 2003 s. 6; amended: No. 8 of 2008 s. 9; No. 21 of 2008 s. 692; No. 42 of 2009 s. 9; No. 19 of 2019 s. 5.] Division 2 — Removal of members [Heading inserted: No. 7 of 2003 s. 6.] 33L. Notice of loss of confidence to be given before removal action is taken (1) If the Commissioner of Police does not have confidence in a member's suitability to continue as a member, having regard to the member's integrity, honesty, competence, performance or conduct, the Commissioner may give the member a written notice setting out the grounds on which the Commissioner does not have confidence in the member's suitability to continue as a member. (2) If a notice is given to a member under subsection (1), the member may, before the expiration of the period of 21 days after the day on which the notice is given or such longer period as is allowed by the Commissioner of Police, make written submissions to the Commissioner of Police in respect of the grounds on which the Commissioner has lost confidence in the member's suitability to continue as a member. (3) After the end of the period referred to in subsection (2), the Commissioner of Police shall — (a) decide whether or not to take removal action; and (b) give the member written notice of the decision. (4) The Commissioner of Police shall not decide to take removal action unless the Commissioner — (a) has taken into account any written submissions received from the member under subsection (2) during the period referred to in that subsection; and (b) still does not have confidence in a member's suitability to continue as a member, having regard to the member's integrity, honesty, competence, performance or conduct. (5) If the Commissioner of Police decides to take removal action — (a) the notice under subsection (3)(b) shall advise the member of the reasons for the decision; (b) except to the extent that the regulations otherwise provide, the Commissioner shall, within 7 days of giving the notice of the decision under subsection (3)(b), provide to the member a copy of any documents and make available to the member for inspection any other materials that were examined and taken into account by the Commissioner in making the decision; and (c) the removal action may be taken when, or at any time after, the notice under subsection (3)(b) is given. [Section 33L inserted: No. 7 of 2003 s. 6.] 33M. Maintenance payment (1) If removal from office occurs by or as a result of removal action taken in accordance with section 33L, the member is entitled to receive a maintenance payment for the period of 28 days after the day on which the member is removed. (2) In relation to a period after the 28 day period referred to in subsection (1), the Minister may, in exceptional circumstances, direct that a maintenance payment shall be paid to the member for a specified period. (3) For the purpose of subsection (2), the specified period is such period not exceeding 6 months as is specified by the Minister but in any event ending on the day any appeal instituted under section 33P is determined by the WAIRC. (4) Any maintenance payment is to be calculated on the basis of the salary of the member at the time of removal from office. [Section 33M inserted: No. 7 of 2003 s. 6.] 33N. Revocation of removal action (1) If removal action has been taken in accordance with section 33L but removal from office has not resulted from it, the Commissioner of Police may, by notice in writing to the Minister, revoke the removal action. (2) If removal from office has occurred by or as a result of removal action taken in accordance with section 33L, the Commissioner of Police may, by notice in the Gazette, revoke the removal action. (3) The Commissioner of Police shall not revoke removal action under subsection (2) in the case of a commissioned officer without the approval of the Minister. (4) Subsection (2) applies even if an appeal has been instituted under section 33P in respect of the decision under section 33L to take removal action. (5) Despite any other enactment, if removal action is revoked under subsection (2) the removal from office is to be taken to be of no effect and to have never had any effect. (6) If the Commissioner of Police revokes removal action in relation to a member under subsection (2), the member is not entitled to be paid his or her salary for any period the member received a maintenance payment under section 33M. [Section 33N inserted: No. 7 of 2003 s. 6.] 33O. Resignation of member who has been removed (1) Even if a member has been removed from office by or as a result of removal action taken in accordance with section 33L, the member may resign at any time before the expiration of the period of 28 days after the day on which the removal occurs. (2) Subsection (1) does not apply if an appeal has been instituted under section 33P in respect of the decision to take removal action. (3) A resignation under subsection (1) takes effect at the end of the 28 day period referred to in the subsection. (4) Despite any other enactment, if a member resigns under subsection (1), the removal from office is to be taken to be of no effect and to have never had any effect. [Section 33O inserted: No. 7 of 2003 s. 6.] Division 3 — Appeal in relation to removal [Heading inserted: No. 7 of 2003 s. 6.] 33P. Appeal right (1) A member who has been removed from office by or as a result of removal action taken in accordance with section 33L may appeal to the WAIRC on the ground that the decision of the Commissioner of Police to take removal action relating to the member was harsh, oppressive or unfair. (2) The appellant shall institute an appeal by a notice to the Commissioner of Police stating — (a) the reasons for the decision the subject of the appeal being harsh, oppressive or unfair; and (b) the nature of the relief sought. (3) The appeal shall not be instituted later than 28 days after the day on which the member was removed from office and shall not be instituted if the member has resigned under section 33O(1). (4) For the purposes of proceedings relating to an appeal instituted under this section the WAIRC is to be constituted by not less than 3 industrial Commissioners, at least one of whom shall be the Chief Commissioner or the Senior Commissioner. (5) The parties to an appeal are the appellant and the Commissioner of Police and no other person may be a party to the appeal. [Section 33P inserted: No. 7 of 2003 s. 6.] 33Q. Proceedings on appeal (1) On the hearing of an appeal instituted under this Part, the WAIRC shall proceed as follows — (a) first, it shall consider the Commissioner of Police's reasons for deciding to take removal action; (b) secondly, it shall consider the case presented by the appellant as to why that decision was harsh, oppressive or unfair; (c) thirdly, it shall consider the case presented by the Commissioner in answer to the appellant's case. (2) The appellant has at all times the burden of establishing that the decision to take removal action was harsh, oppressive or unfair. (3) Subsection (2) has effect despite any law or practice to the contrary. (4) Without limiting the matters to which the WAIRC is otherwise required or permitted to have regard in determining the appeal, it shall have regard to — (a) the interests of the appellant; and (b) the public interest which is taken to include — (i) the importance of maintaining public confidence in the integrity, honesty, conduct and standard of performance of members of the Police Force; and (ii) the special nature of the relationship between the Commissioner of Police and members of the Force. [Section 33Q inserted: No. 7 of 2003 s. 6.] 33R. New evidence on appeal (1) New evidence shall not be tendered to the WAIRC during a hearing of an appeal instituted under this Part unless the Commission grants leave under subsection (2) or (3). (2) The WAIRC may grant the Commissioner of Police leave to tender new evidence if — (a) the appellant consents; or (b) it is satisfied that it is in the interests of justice to do so. (3) The WAIRC may grant the appellant leave to tender new evidence if — (a) the Commissioner of Police consents; or (b) the Commission is satisfied that — (i) the appellant is likely to be able to show that the Commissioner of Police has acted upon wrong or mistaken information; (ii) the new evidence might materially have affected the Commissioner of Police's decision to take removal action; or (iii) it is in the interests of justice to do so. (4) In the exercise of its discretion under subsection (3) the Commission shall have regard to — (a) whether or not the appellant was aware of the substance of the new evidence; and (b) whether or not the substance of the new evidence was contained in a document to which the appellant had reasonable access, before his or her removal from office. (5) If the Commissioner of Police is given leave to tender new evidence under subsection (2), the WAIRC shall give the appellant a reasonable opportunity to consider the new evidence and the appellant may tender new evidence without the leave of the WAIRC under this section in response to the new evidence tendered by the Commissioner. (6) If the appellant is given leave to tender new evidence under subsection (3), the WAIRC shall give the Commissioner a reasonable opportunity to consider the new evidence. (7) If, having considered any new evidence, the Commissioner of Police revokes the removal action under section 33N(2), the Commissioner shall give the WAIRC notice of the revocation and the hearing of the appeal is discontinued when the WAIRC receives the notice. (8) If the Commissioner of Police does not give notice under subsection (7), the hearing of the appeal shall continue but the Commissioner of Police may — (a) reformulate his or her reasons for not having confidence in the appellant's suitability to continue as a member, having regard to the appellant's integrity, honesty, competence, performance or conduct; and (b) tender new evidence without the leave of the WAIRC under this section in response to the new evidence tendered by the appellant. (9) Reasons reformulated under subsection (8)(a) may differ from, or be additional to, the reasons given to the appellant under section 33L(5)(a). (10) If the Commissioner of Police reformulates reasons under subsection (8)(a) — (a) the Commissioner shall give the WAIRC and the appellant notice in writing of the reasons before the resumption of the hearing of the appeal; and (b) the WAIRC shall consider the reasons as if they had been reasons given to the appellant under section 33L(5)(a). (11) In this section — new evidence means evidence other than evidence of — (a) any document or other material that was examined and taken into account by the Commissioner of Police in making a decision to take removal action; (b) the notice given under section 33L(1); (c) a written submission made to the Commissioner of Police by the appellant under section 33L(2); (d) the notice given under section 33L(3)(b); and (e) a notification of the removal from office. [Section 33R inserted: No. 7 of 2003 s. 6.] 33S. Application of Industrial Relations Act 1979 to appeals The provisions of the Industrial Relations Act 1979 listed in the Table to this section apply, subject to this Part, any necessary modifications, and any specific modifications set out in that Table, to and in relation to an appeal and a determination of an appeal instituted under this Part. Table s. 26(1)(a) and (b) s. 26(3) s. 27(1)(b), (c), (d), (e), (f), (h), (ha), (hb), (l), (m), (n), (o) and (v) An order under section 27(1)(o) may be made by any one of the industrial Commissioners constituting the WAIRC to hear the appeal. s. 27(1a) s. 28 But only in relation to powers conferred by section 27 listed in this Table. Paragraphs (b) and (c) do not apply but the subsection is to be read as if it contained the following paragraphs — s. 31(1) " (b) with the leave of the Commission, by an agent; or (c) by a legal practitioner. ". s. 31(3) s. 31(5) s. 32 Section 32(1) is to be read as if a reference to "Where an industrial matter has been referred to the Commission the Commission shall" were a reference to "If the Commission is dealing with an appeal instituted under the Police Act 1892 section 33P, the Commission may recommend that the parties to the appeal". References to "the matter" and "an industrial matter" are to be read as if they were references to "the appeal". For the purposes of subsections (2) and (3), Commission does not include an industrial Commissioner constituting the WAIRC to hear the appeal. Subsections (4), (6), (7) and (8) do not apply. s. 33 A summons shall not be issued under section 33(1)(a) to the Governor. A summons may be issued to the Commissioner of Police or the Minister but only at the direction of a Commissioner appointed under the Industrial Relations Act 1979 if that Commissioner is satisfied that there are extraordinary grounds for doing so. A summons may not be issued to any other person except at the direction of a Commissioner. s. 34 A reference in subsection (1) to "an award, order or declaration" is to be read as if it were a reference to "an order". A reference in subsection (4) to "no award, order, declaration, finding, or proceeding" is to be read as if it were a reference to "no decision, order, finding or proceeding". s. 35 s. 36 s. 86 But not in relation to costs and expenses other than expenses of witnesses. s. 90 A reference in subsection (1) to "any decision of the Full Bench, the Commission on an application under section 49(11) or the Commission in Court Session" is to be read as if it were a reference to "a decision of the Commission under the Police Act 1892 section 33U". [Section 33S inserted: No. 7 of 2003 s. 6; amended: No. 39 of 2018 s. 70.] 33T. Adjournment of appeal if appellant charged with offence (1) If an appellant has been — (a) charged with an offence relating to any matter, act or omission that was taken into account by the Commissioner of Police in deciding that he or she did not have confidence in the appellant's suitability to continue as a member; and (b) the charge has not been finally determined by a court or otherwise disposed of, the Commissioner or the appellant may apply to the WAIRC for an adjournment of the hearing of the appeal. (2) If an application is made by the Commissioner of Police, the WAIRC may adjourn the hearing of the appeal if it considers that it is in the interests of justice to do so. (3) If an application for an adjournment is made by the appellant, the WAIRC shall adjourn the hearing of the appeal. (4) An adjournment under subsection (3) shall be for such period not exceeding 12 months as is requested by the appellant. (5) If the charge is finally determined by a court or otherwise disposed of before the expiration of the period of the adjournment, the Commissioner of Police or the appellant may apply to the WAIRC for the hearing of the appeal to be resumed on a date specified by the Commission. (6) Before the expiration of any period of adjournment under this section, the Commissioner of Police or the appellant may apply to the WAIRC for a further adjournment under this section and, if it is in the interests of justice to do so, the WAIRC may grant a further adjournment for a period specified by it. (7) Subsections (2) and (6) do not affect any other power of the WAIRC to grant an adjournment. [Section 33T inserted: No. 7 of 2003 s. 6.] 33U. Decision by the WAIRC (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: No. 7 of 2003 s. 6.] 33V. Restriction on publication (1) If the WAIRC is satisfied that it is in the public interest, it may direct either or both that — (a) any evidence given before the Commission; (b) the contents of any document produced to the Commission, on an appeal must not be published or must not be published except in such manner, and to such persons, as the Commission specifies. (2) A person must not make a publication in contravention of a direction given under this section. Penalty: Imprisonment for 12 months and a fine of $4 000. [Section 33V inserted: No. 7 of 2003 s. 6.] Division 4 — General [Heading inserted: No. 7 of 2003 s. 6.] 33W. Effect of charge for an offence or an acquittal To avoid doubt, it is declared that if a member — (a) has been charged with committing an offence; or (b) has been acquitted of an offence, that charge, the existence of proceedings relating to that charge or the acquittal does not preclude the Commissioner of Police from taking any action under this Part in relation to any matter, act or omission relating to or being an element of the offence. [Section 33W inserted: No. 7 of 2003 s. 6.] 33X. Failure to comply with procedure An act or omission of the Governor, the Minister or the Commissioner of Police shall not be invalid or called in question on the ground of a failure to comply with the procedure prescribed under Division 2 or regulations relating to the removal of members on the ground of a failure to comply with the procedure prescribed under that Division or those regulations if the failure is not substantive. [Section 33X inserted: No. 7 of 2003 s. 6.] 33Y. Transfer, standing down and leave of member (1) Nothing in this Part derogates from the Commissioner of Police's power to — (a) transfer a member; (b) stand a member down from performing that member's usual duties on full pay until the member is directed by the Commissioner to return to those duties; or (c) allocate duties to a member other than the member's usual duties. (2) If the Commissioner stands down a member who is being dealt with under this Part, the Commissioner shall review the decision to stand the member down every 60 days and advise the member in writing of the result of the review. (3) The Commissioner shall not direct a member who is being dealt with under this Part to take leave during the period the member is being dealt with under this Part unless the leave is leave that has accrued during any period that the member is stood down from performing the member's usual duties. [Section 33Y inserted: No. 7 of 2003 s. 6.] 33Z. Review of Part IIB (1) In this section — commencement day means the day on which section 6 of the Police Amendment Act 2003 comes into operation. (2) The Minister is to carry out a review of the operation and effectiveness of this Part as soon as is practicable after the expiration of 24 months after the commencement day and in the course of that review the Minister is to consider and have regard to — (a) the effectiveness of the Part; (b) the need for the retention of the Part; and (c) any other matters that appear to the Minister to be relevant to the operation and effectiveness of this Part. (3) Without limiting subsection (2), in carrying out a review under that subsection, the Minister shall consult with and have regard to the views of the Chief Commissioner of The Western Australian Industrial Relations Commission, the Commissioner of Police and the Western Australian Police Union of Workers. (4) The Minister is to prepare a report based on the review and, as soon as is practicable after the report is prepared (and in any event not more than 30 months after the commencement day), cause it to be laid before each House of Parliament. [Section 33Z inserted: No. 7 of 2003 s. 6.] Part IIC — Medical retirement [Heading inserted: No. 19 of 2019 s. 6.] Division 1 — Preliminary [Heading inserted: No. 19 of 2019 s. 6.] 33ZA. Summary of Part This Part sets out a scheme under which members who are medically unfit can be retired specifically on medical grounds (rather than being removed under Part IIB). [Section 33ZA inserted: No. 19 of 2019 s. 6.] 33ZB. Terms used In this Part — appellant, in relation to an appeal instituted under section 33ZI, means the person who institutes the appeal; Chief Commissioner has the same meaning as it has in the Industrial Relations Act 1979; disputed decision has the meaning given in section 33ZI(2); industrial Commissioner has the same meaning as commissioner has in the Industrial Relations Act 1979; medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; medically unfit, in relation to a member, means the member is unfit, on medical grounds (whether physical or mental or both), to perform the functions of the office to which the member is appointed under this Act; member means — (a) a commissioned officer; (b) a non‑commissioned officer; (c) a constable; (d) an Aboriginal police liaison officer; (e) a police auxiliary officer; Police Commissioner means the Commissioner of Police; retire, in relation to a member, means retire from the office to which the member is appointed under this Act; retirement day, in relation to a member, means the day at the end of which the member's retirement on medical grounds takes effect under section 33ZE(10)(b); Senior Commissioner has the same meaning as it has in the Industrial Relations Act 1979; WAIRC means The Western Australian Industrial Relations Commission continued and constituted under the Industrial Relations Act 1979. [Section 33ZB inserted: No. 19 of 2019 s. 6.] Division 2 — How members can be retired on medical grounds [Heading inserted: No. 19 of 2019 s. 6.] 33ZC. Examination of member by medical board (1) Subsection (2) applies if the Police Commissioner reasonably suspects that a member is medically unfit. (2) The Police Commissioner may direct the member to submit to an examination by a medical board consisting of at least 3 medical practitioners. (3) The direction may also impose requirements on the member — (a) in relation to the conduct of the examination; or (b) otherwise for the purpose of facilitating the examination. (4) The direction must be given in writing. (5) The member commits an offence against the discipline of the Police Force if the member, without good and sufficient cause, fails to comply with the direction. (6) The medical board must give a report on the examination to the Police Commissioner. (7) Regulations under section 138A may (without limitation) make provision about medical boards, including (without limitation) provision about 1 or more of the following matters — (a) the appointment of medical practitioners, or of other persons in addition to medical practitioners, to them (including how, when or by whom appointments are to be made); (b) their governance and procedures; (c) their examinations of members; (d) their reports to the Police Commissioner; (e) the payment of their costs or costs otherwise associated with them (including remuneration and expenses of persons appointed to them). [Section 33ZC inserted: No. 19 of 2019 s. 6.] 33ZD. Notice that Police Commissioner is of opinion that member is medically unfit (1) This section applies if — (a) the Police Commissioner receives a report from a medical board under section 33ZC(6); and (b) having taken into account the report, the Police Commissioner is of the opinion that the member is medically unfit. (2) The Police Commissioner may give written notice to the member stating that the Police Commissioner — (a) is of the opinion that the member is medically unfit; and (b) is in the process of deciding whether the member should be retired on medical grounds. (3) If notice is given, the member may, during the period referred to in subsection (4) — (a) make written submissions to the Police Commissioner; and (b) give the Police Commissioner any written report or other document. (4) The period is — (a) the period of 28 days after the day on which the notice is given; or (b) a longer period allowed by the Police Commissioner. [Section 33ZD inserted: No. 19 of 2019 s. 6.] 33ZE. Power to retire member on medical grounds (1) After the period referred to in section 33ZD(4) has ended, the Police Commissioner must — (a) decide whether the member should be retired on medical grounds; and (b) give the member written notice of the decision. (2) The Police Comm