Western Australian Numbered Acts

CUSTODIAL LEGISLATION (OFFICERS DISCIPLINE) AMENDMENT ACT 2014 (NO. 29 OF 2014) - SECT 9

9 .         Part XII inserted

                After section 117 insert:

Part XII   —   Savings and transitional provisions for Custodial Legislation (Officers Discipline) Amendment Act 2014

118.         Purpose

                The purpose of this Part is to enact savings and transitional provisions in relation to the Custodial Legislation (Officers Discipline) Amendment Act 2014 Part 2.

119.         Disciplinary offences before commencement day

        (1)         In this section —

        commencement day means the day on which the Custodial Legislation (Officers Discipline) Amendment Act 2014 Part 2 comes into operation;

        former disciplinary provisions means Part X as it was in force immediately before the commencement day;

        misconduct , by a prison officer, means conduct by the prison officer that is or is reasonably suspected to be —

            (a)         substandard performance or a breach of discipline, as those terms are defined in the Public Sector Management Act 1994 ; or

            (b)         conduct that may result in the chief executive officer taking removal action, as defined in section 99, in relation to the prison officer;

        penalty , under Part X, includes removal of a prison officer.

        (2)         Proceedings for a disciplinary offence instituted under the former disciplinary provisions that are pending immediately before the commencement day are to be dealt with and determined under those provisions as if the Custodial Legislation (Officers Discipline) Amendment Act 2014 Part 2 had not come into operation.

        (3)         Part X applies to misconduct committed, or suspected of having been committed, by a prison officer before the commencement day but in relation to which proceedings for a disciplinary offence have not been instituted under the former disciplinary provisions.

        (4)         However, if misconduct occurring before the commencement day would have constituted a disciplinary offence under the former disciplinary provisions, a penalty cannot be imposed under Part X in relation to the misconduct unless that penalty would also have been able to be imposed for the disciplinary offence under the former disciplinary provisions.