Young Offenders Act 1994

If a custodial officer is removed as a result of removal action, the custodial officer may appeal to the WAIRC against the removal decision on the ground that it was harsh, oppressive or unfair.

The custodial officer may institute the appeal by a notice to the chief executive officer stating —

the reasons for the removal decision being harsh, oppressive or unfair; and

the nature of the relief sought.

The appeal cannot be instituted —

after the maintenance period; or

if the custodial officer has resigned under section 11CG(1).

For the purposes of proceedings relating to the appeal, the WAIRC is to be constituted by not less than 3 industrial Commissioners, at least one of whom must be —

the Chief Commissioner; or

the Senior Commissioner within the meaning of that term in the Industrial Relations Act 1979.

The only parties to the appeal are the custodial officer and the chief executive officer.

The custodial officer does not have any right of appeal against the removal decision other than under this section.