Western Australian Current Regulations Western Australian Current Regulations (1) In addition to the
grounds to be set out under section 11CD(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 custodial officer that during the submission period the custodial
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
custodial officer’s suitability to continue as a custodial officer.
(2) When the chief
executive officer gives the notice to a custodial officer, the chief executive
officer must also provide to the custodial 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 custodial
officer, the chief executive officer must make available to the custodial
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 custodial officer with a copy of a
document or make available to the custodial officer for inspection any other
material because it is privileged, the chief executive officer must advise the
custodial officer of each ground on which the document or material is
privileged.
[Regulation 59 inserted: Gazette 21 Aug 2015
p. 3330.]