Young Offenders Act 1994

An amount of compensation ordered under section 11CP(2)(b) must be determined in accordance with this section.

In determining the amount, the WAIRC must have regard to all of the following —

the efforts, if any, of the chief executive officer and the appellant to mitigate the loss suffered by the appellant as a result of the removal;

any maintenance payment received by the appellant;

any redress the appellant has obtained under another enactment where the evidence necessary to establish that redress is also the evidence necessary to establish on the appeal that the removal was harsh, oppressive or unfair;

any other matter that the WAIRC considers relevant.

In determining the amount, the WAIRC may have regard to the average rate of remuneration as a custodial officer received by the appellant during any relevant period of service.

The amount must not exceed 12 months’ remuneration as a custodial officer.