100422651

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ALLAN RAYMOND CARLYON

APPLICANT

 -v-

 COMMISSIONER OF POLICE

RESPONDENT

CORAM CHIEF COMMISSIONER W S COLEMAN

 SENIOR COMMISSIONER A R BEECH

 COMMISSIONER P E SCOTT

DATE TUESDAY, 4 MAY 2004

FILE NO/S APPLICATION 1721 OF 2003

CITATION NO. 2004 WAIRC 11363

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Result Order issued

Representation

Applicant Ms M Ridley (of counsel) on behalf of the appellant

Respondent Mr R Bathurst (of counsel) on behalf of the respondent

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Order

HAVING HEARD Mr R Bathurst (of counsel) for the Commissioner of Police and Ms M Ridley (of counsel) for the appellant in the matter of the application by the Commissioner of Police for leave to tender new evidence, the Western Australian Industrial Relations Commission pursuant to section 33R(2)(b) of the Police Act 1892 hereby grants leave for the following evidence to be tendered in Appeal No. 1721 of 2003:

(a) transcript of the criminal trial of the Appellant for assault occasioning bodily harm, heard on 15 September, 18 September, 19 September and 8 December 2003; and

(b) reasons of Magistrate Cullen, dated 10 December 2003, for convicting the Appellant of assault occasioning bodily harm.

FURTHRMORE pursuant to section 33S of the Police Act 1892 whereby the terms of section 35 of the Industrial Relations Act, 1979 have application, the Western Australian Industrial Relations Commission determines that the reasons for decision in the determination of the application to grant leave to tender new evidence will be handed down the day after the Western Australian Industrial Relations Commission has determined the appellants application for leave to tender new evidence. That matter will be heard at 4.30pm Thursday 6th May 2004.

The Western Australian Industrial Relations Commission will then consider whether, given that the hearing of the appeal pursuant to section 33Q of the Police Act 1892 has been set down to commence on 11th May 2004:

(i) there is sufficient opportunity for the appellant to consider the new evidence for which leave has been given to the Commissioner of Police to tender and for the appellant to tender new evidence in response to that new evidence pursuant to section 33R(5) of the Police Act 1892; and

(ii) any consideration which may arise as a consequence of the determination on Thursday 6th May of the appellant’s application for leave to tender new evidence pursuant to section 33R(3) of the Police Act 1892.

ON BEHALF OF THE

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION