Industrial Relations Commission Amendment Regulations (No. 3) 2009 (WA)

5270 GOVERNMENT GAZETTE, WA 22 December 2009

INDUSTRIAL RELATIONS

111301*

Industrial Relations Act 1979

Industrial Relations Commission Amendment

Regulations (No. 3) 2009

Regulations 2005.

Made by the Chief Commissioner of the Western Australian Industrial
Relations Commission after consulting the members of the Commission.

1.            Citation

These regulations are the Industrial Relations Commission
Amendment Regulations (No. 3) 2009.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.            Regulations amended

These regulations amend the Industrial Relations Commission

22 December 2009 GOVERNMENT GAZETTE, WA 5271

4.            Regulation 90 replaced

Delete regulation 90 and insert:

90.          Notice of appeal against removal action

An appeal by a police officer against removal action is instituted under the Police Act 1892 section 33P(2) if the police officer completes and files in the office of

the Registrar 3 copies of a notice of appeal to the

Commissioner of Police in the form of Form 31.

91A.	Service of notice of appeal against removal action
Within 7 days after an appeal against removal action is instituted, the appellant must serve a stamped copy of the notice instituting the appeal on the Commissioner
of Police.

5.            Regulation 91 amended

(1) In regulation 91 (1):

(a) in paragraph (b) delete "appellant; and" and insert:

appellant.

(b) delete paragraph (c).

(2)	In regulation 9 1(2) delete "facts. the reply and the declaration of service" and insert:
facts and the reply

6.            Regulation 93 amended

(1) In regulation 93(1):

(a) in paragraph (b) delete "appellant: and" and insert:

appellant.

(b) delete paragraph (c).

(2) In regulation 93(2) delete "facts, the reply and the declaration of

service" and insert:

facts and the reply

5272 GOVERNMENT GAZETTE, WA 22 December 2009

7.            Regulation 94 amended

(1) In regulation 94(1):

(a) in paragraph (b) delete "Police; and" and insert:

Police.

(b) delete paragraph (c).

(2) In regulation 94(2) delete "and the declaration of service".

8.            Schedule 1 amended

(1)	In Schedule 1 Form 31 delete "[r. 90(a)(i)]" and insert:
[r. 90]
(2)	In Schedule 1 Form 31 delete:

NOTE: A summary of facts or issues of law relied upon by the appellant

including any relevant matters set out in section 33Q(4) of the Police
Act 1892 is to be attached to this Notice of appeal.

This Notice of appeal and any attached summary of facts or issues of law are to be served by the appellant upon the Commissioner of Police.

(Stamp of Commission)

and insert:

NOTE!: This Notice of appeal is to be served by the appellant upon the

Commissioner of Police within 7 days after it is filed in the office of

the Registrar.

NOTE2: Proof of service of the notice on the Commissioner of Police is to be

given in accordance with the Industrial Relations Commission

Regulations 2005 regulation 28.

(Stamp of Commission)

A. R. BEECH, Chief Commissioner.

Western Australian Industrial Relations Commission.

Date: 15 December 2009.