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

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Adib Abdennabi

APPELLANT

-v-

The Commissioner of Police, WA Police

RESPONDENT

CORAM Chief Commissioner P E Scott

 Senior Commissioner S J Kenner

 Commissioner D J Matthews

DATE Tuesday, 29 October 2019

FILE NO/S APPL 42 OF 2016

CITATION NO. 2019 WAIRC 00761

Result Order issued

Representation (by correspondence)

Appellant Mr R Yates of counsel

Respondent Ms C Chapman of counsel

Order

This is an appeal filed on 13 July 2016 pursuant to s 33P of the Police Act 1892 against a decision of the Commissioner of Police to take removal action.  The parties have informed the Commission that they have conferred and seek Orders in the terms set out below.

The Commission has considered the circumstances of the matter, including the agreement of the parties to the proposed Orders and is of the view that the following Orders, as sought and varied by the Commission, ought to be made –

1. The appellant has leave to tender paragraphs 1 and 64 to 138 of his statement dated 7 June 2019 as new evidence, pursuant to s 33R(3)(a) of the Police Act 1892 (by consent) and such new evidence is to be filed and served by 1 November 2019.

2. The respondent is to file and serve any reformulated reasons and new evidence, should he so elect, pursuant to s 33R(8) of the Police Act 1892, by 29 November 2019. 

3. The appellant has leave to file and serve an amended Form 31 Notice of Appeal, should he so elect, by 6 December 2019.

4. The operation of regulation 92 of the Industrial Relations Commission Regulations 2005 is reinstated, and regulation 92(1) is to be complied with by 20 December 2019.

5. For the purpose of Order 4 and regulation 92(1) of the Industrial Relations Commission Regulations 2005, any new evidence that has already been filed in the Commission by the appellant or the respondent is taken to have already been filed in the Commission.

6. The matter is adjourned to a hearing on a date to be determined by the Commission, not before 24 January 2020.

7. The appellant is to file and serve an Outline of Submissions and List of Authorities 14 days prior to the hearing.

8. The respondent is to file and serve an Outline of Submissions and List of Authorities 7 days prior to the hearing.

CHIEF COMMISSIONER P E SCOTT

FOR AND ON BEHALF OF

THE WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION