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Parliamentary Questions

Question Without Notice No. 803 asked in the Legislative Council on 13 September 2018 by Hon Charles Smith

Minister responding: Hon M.H. Roberts
Parliament: 40 Session: 1

Answered on 13 September 2018


803. Hon CHARLES SMITH to the minister representing the Minister for Police:

I refer to the minister's response to my question on 22 August 2018 asking whether she would immediately suspend section 8 dismissals. In reply, the minister stated —

The use of section 8 of the Police Act 1892 is instigated by the Commissioner of Police. The Minister for Police is committed to amending section 8 as soon as possible; however, until the act is amended, it is the current law.

Bearing in mind that under section 8(l) the police commissioner cannot remove a non-commissioned officer without the approval of the minister, will the minister now concede that she has the means to suspend section 8 dismissals; and, if so, will the minister now commit to suspending all section 8 dismissals for medically retiring police officers; and, if not, why not?


I thank the honourable member for some notice of the question. The following information has been provided to me by the Minister for Police.

The minister is committed to progressing the amendment to section 8 of the Police Act 1892 as soon as possible to provide for an alternative for medically retired police officers. However, until the act is amended, it is the current law. In a recent case in which a police officer was suffering a terminal illness, the officer was retired on medical grounds under section 8. In this circumstance, the Commissioner of Police recommended the section 8 retirement because of the officer's medical condition. It was effected in a timely manner. Any section 8 application to the minister is contingent upon receipt of a recommendation from the Commissioner of Police. The Minister for Police is obliged to give consideration to the commissioner's advice.