APPEAL AGAINST A DECISION OF THE COMMISSIONER OF POLICE TO TAKE REMOVAL ACTION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Alistair Lindsay Gordon

APPELLANT

-v-

Commissioner of Police

RESPONDENT

CORAM Chief Commissioner A R Beech

 Commissioner S J Kenner

 Commissioner S Wood

DATE monday, 8 June 2009

FILE NO/S APPL 38 OF 2009

CITATION NO. 2009 WAIRC 00358

Result Appeal adjourned

Representation

Appellant Ms C Adams (of counsel), by correspondence

Respondent Ms D Scaddan (of counsel), by correspondence

Order

WHEREAS on 25 May 2009 Alistair Lindsay Gordon lodged an appeal in the Commission pursuant to s 33P of the Police Act 1892 ("Police Act") against his removal from the WA Police on 29 April 2009;

AND WHEREAS on 3 June 2009 the Commissioner of Police pursuant to s 33T(2) of the Police Act requested that the hearing of the appeal be adjourned for a period not exceeding 12 months; 

AND WHEREAS on 3 June 2009 the appellant advised that he has no objection to the appeal being adjourned as above;

AND WHEREAS on the information before it, the WAIRC is of the view that it is in the interests of justice to adjourn the hearing of the appeal,

NOW THEREFORE, the WAIRC, pursuant to the powers conferred on it under s 33T of the Police Act, hereby orders -

1. THAT the hearing of the appeal be adjourned until Wednesday, 2 June 2010.

2. THAT compliance with regulations 90(a)(ii) and (iii) of the Industrial Relations Commission Regulations 2005 by the appellant and regulation 91 by the Commissioner of Police need not occur until further order.

3. THAT either party may apply to vary the terms of this order.

Chief Commissioner A R Beech

ON BEHALF OF THE

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION