Western Australian Current Acts Western Australian Current Acts (1) If a custodial
officer is removed as a result of removal action, the custodial officer may
appeal to the WAIRC against the removal decision on the ground that it was
harsh, oppressive or unfair.
(2) The custodial
officer may institute the appeal by a notice to the chief executive officer
stating —
(a) the
reasons for the removal decision being harsh, oppressive or unfair; and
(b) the
nature of the relief sought.
(3) The appeal cannot
be instituted —
(a)
after the maintenance period; or
(b) if
the custodial officer has resigned under section 11CG(1).
(4) For the purposes
of proceedings relating to the appeal, the WAIRC is to be constituted by not
less than 3 industrial Commissioners, at least one of whom must be —
(a) the
Chief Commissioner; or
(b) the
Senior Commissioner within the meaning of that term in the
Industrial Relations Act 1979 .
(5) The only parties
to the appeal are the custodial officer and the chief executive officer.
(6) The custodial
officer does not have any right of appeal against the removal decision other
than under this section.
[Section 11CH inserted: No. 29 of 2014 s. 16.]