Western Australian Current Regulations Western Australian Current Regulations (1) In addition to the
grounds to be set out under section 102(1) of the Act, a notice must
—
(a) set
out the particular conduct or behaviour on which the chief executive
officer’s loss of confidence is based; and
(b)
advise the prison officer that during the submission period the prison officer
may make written submissions to the chief executive officer in respect of the
grounds on which the chief executive officer has lost confidence in the prison
officer’s suitability to continue as a prison officer.
(2) When the chief
executive officer gives the notice to a prison officer, the chief executive
officer must also provide to the prison officer a copy of the following
documents relating to the decision to give the notice —
(a) any
summary of investigation and any supplementary summary of investigation;
(b) any
inspection list and any supplementary inspection list;
(c) any
document examined and taken into account in deciding to give the notice.
(3) As soon as
practicable after the chief executive officer gives the notice to a prison
officer, the chief executive officer must make available to the prison officer
for inspection any other material examined and taken into account in deciding
to give the notice.
(4)
Subregulations (2) and (3) do not apply to any document or material that
is privileged.
(5) If the chief
executive officer does not provide the prison officer with a copy of a
document or make available to the prison officer for inspection any other
material because it is privileged, the chief executive officer must advise the
prison officer of each ground on which the document or material is privileged.
[Regulation 32D inserted: Gazette
21 Aug 2015 p. 3320.]