Western Australian Current Acts Western Australian Current Acts (1) The chief
executive officer may give the custodial officer a written notice setting out
the grounds on which the chief executive officer does not have confidence in
the custodial officer’s suitability to continue as a custodial officer.
(2) The custodial
officer may make written submissions to the chief executive officer in
relation to the notice within the following period (the submission period )
—
(a) 21
days after the day on which the notice is given; or
(b) any
longer period after that day allowed by the chief executive officer.
(3) After the
submission period, the chief executive officer must —
(a)
decide whether or not to take removal action against the custodial officer;
and
(b) give
the custodial officer written notice of the decision (the decision notice ).
(4) The chief
executive officer must not decide to take removal action against the custodial
officer unless the chief executive officer —
(a) has
taken into account any written submissions received from the custodial officer
during the submission period; and
(b)
still does not have confidence in a custodial officer’s suitability to
continue as a custodial officer.
(5) If the chief
executive officer decides to take removal action against the custodial
officer, the decision notice must contain the reasons for the decision.
(6) Except as provided
in the regulations, the chief executive officer must, within 7 days after
giving the decision notice —
(a) give
to the custodial officer a copy of any documents that were considered by the
chief executive officer in making the decision; and
(b) make
available to the custodial officer for inspection any other materials that
were considered by the chief executive officer in making the decision.
(7) The removal action
may be carried out when the notice is given or at any time after that.
[Section 11CD inserted: No. 29 of 2014 s. 16.]