Young Offenders Act 1994

This section applies if the WAIRC decides on an appeal that the decision to take removal action relating to the appellant was harsh, oppressive or unfair.

The WAIRC may —

order that the appellant’s removal is, and is to be taken to have always been, of no effect; or

if it is impracticable to make an order under paragraph (a), order the chief executive officer to pay the appellant an amount of compensation for loss or injury caused by the removal.

In considering whether or not it is impracticable to make an order under subsection (2)(a), it is relevant to consider —

whether, at the time of the appellant’s removal, the position occupied by the appellant is vacant; and

whether there is another suitable vacant position in the Department.

If the WAIRC makes an order under subsection (2)(a), the appellant is not entitled to be paid his or her remuneration as a custodial officer for any period the appellant received a maintenance payment.

An order under this section may require that it be complied with within a specified time.