Western Australian Current Acts Western Australian Current Acts (1) The Tribunal may
determine the dispute by arbitration if the Tribunal —
(a)
decides not to endeavour to resolve the dispute by conciliation under
section 33ZZF; or
(b)
endeavours to resolve the dispute by conciliation but is satisfied that
further resort to conciliation would be unavailing.
(2) In determining the
dispute, the Tribunal must have regard to any agreement reached by the parties
on any particular issue involved.
(3) The Tribunal may
give any direction, or make any order, that it considers appropriate for the
purpose of conducting the arbitration proceedings.
(4) If a direction is
given, or an order is made, orally under subsection (3), the Tribunal must
reduce the direction or order to writing as soon as practicable.
(5) A direction given,
or an order made, under subsection (3) is enforceable as if it were given or
made under section 32(8) of the IR Act.
(6) The
Tribunal’s determination of the dispute must be by order.
(7) If the dispute was
lodged under section 33ZZB(1), the order may —
(a)
confirm the degree of permanent impairment as assessed under section 33ZW(5);
or
(b) set
aside the assessment made under section 33ZW(5) and require the Police
Commissioner to —
(i)
arrange for the degree of permanent impairment to be
assessed again under section 33ZW(5); and
(ii)
give the medically retired member a new notice under
section 33ZW(6) accordingly.
(8) If the dispute was
lodged under section 33ZZB(3), the order may —
(a)
confirm the assessor’s determination under section 33ZZ(5)(a)(i); or
(b) set
aside the assessor’s determination under section 33ZZ(5)(a)(i) and
require the Police Commissioner to —
(i)
arrange for the question of whether the medically retired
member qualifies for compensation to be determined again under
section 33ZZ(5)(a)(i) and, if applicable, for the amount of compensation to be
determined under section 33ZZ(5)(a)(ii); and
(ii)
give the medically retired member a new notice under
section 33ZZ(5)(b) accordingly.
(9) If the dispute was
lodged under section 33ZZB(4), the order may —
(a)
confirm the amount of compensation determined by the assessor under
section 33ZZ(5)(a)(ii); or
(b) set
aside the assessor’s determination under section 33ZZ(5)(a)(ii) and
specify the amount of compensation as determined by the Tribunal; or
(c) set
aside the assessor’s determination under section 33ZZ(5)(a)(ii) and
require the Police Commissioner to —
(i)
arrange for the amount of compensation to be determined
again under section 33ZZ(5)(a)(ii); and
(ii)
give the medically retired member a new notice under
section 33ZZ(5)(b) accordingly.
(10) In any case, the
order may do either or both of the following —
(a) make
provision about when the Police Commissioner must make any payment under
section 33ZV(1);
(b) make
provision supplementary to, or otherwise for the purpose of giving full effect
to, any other provision contained in the order.
(11) If the order
contains any provision under subsection (7)(b), (8)(b) or (9)(c) —
(a) once
any required assessment or determination has been made, this Part applies to
the medically retired member on the basis of the assessment or determination
accordingly; and
(b)
without limiting paragraph (a), a dispute can be lodged under section 33ZZB in
respect of the assessment or determination and, if that occurs, the rest of
this Division (including this paragraph) applies accordingly.
[Section 33ZZH inserted: No. 26 of 2021 s. 4.]
[Heading inserted: No. 26 of 2021 s. 4.]