A constable’s dismissal from the Western Australian Police Force was the result of disciplinary procedures under Part II of the Police Act 1892 (WA), under which no appeal to the Western Australian Industrial Relations Commission lies.

The Commission found that it did not have jurisdiction to hear an appeal arising from the Police Appeal Board’s decision to uphold the dismissal of a First Class Constable in the Western Australian Police Force, which resulted from a disciplinary offence conviction.

Background

The appellant was a First Class Constable in the Western Australian Police Force from approximately 2014 to September 2022.

In September 2022, the appellant was charged with and subsequently convicted of a disciplinary offence for his unwillingness to become vaccinated against COVID‑19 in accordance with the Police Force Regulations 1979 (WA). As a result, he was dismissed for disobeying the Commissioner of Police’s direction requiring him to have at least one COVID‑19 vaccination by 1 December 2021, unless a medical exemption applied.

The appellant appealed the dismissal decision to the Police Appeal Board. The Board heard his appeal on 1 November 2022, dismissed the appeal and confirmed the dismissal.

Contentions

The appellant sought to appeal the Board’s decision to the Commission under s 33 of the Police Act. He stated that the dismissal was unjust and unfair and he felt that he had not had a proper opportunity to voice his concerns, including his religious objections to vaccination.

The respondent contended that the Police Act gives the Commission jurisdiction to determine appeals by police officers against removal action under Part IIB Division 3 of the Police Act. Removal action procedures are distinct from the disciplinary procedures set out under Part II of the Police Act. The respondent contended that the appellant’s dismissal was the result of disciplinary procedures.

Findings

The Commission dismissed the appeal for want of jurisdiction because there was no appealable decision.

The appellant appealed the ‘disciplinary offences’ (i.e. the circumstances resulting in his dismissal in September 2022) to the Board under s 33E of the Police Act. The Board’s decision was final, in accordance with s 33H, with no further appeal available. The appellant’s dismissal was not ‘removal action’ under s 33L, to which an appeal to the Commission lies under s 33P(1).  

The decision can be read here.