94Inability or disciplinary appeals

94 Inability or disciplinary appeals (1) A member aggrieved by: (a) the action of the Commissioner under section 78;or (b) the action under section 84E(3) by a member; or (c) the action under section 81(2)(d) or 84D by the Commissioner or a prescribed member; or (ca) a direction of the Commissioner under section 84G that the member not be paid salary during the period of the member's suspension under section 76A or 80; or (d) a direction, action or intention under section 89 by or of the Commissioner; or (e) a decision or opinion as a result of which such an action was taken, direction given or intention made, may, within 14 days after being notified of the action, direction or intention (or, in a case referred to in paragraph (b), within 14 days after being notified of the action taken as a result of a review under section 84E(3)), and in the prescribed manner and form: (f) in the case of an action referred to in paragraph (a), (b), (c) or a decision or opinion relating to such action – appeal to a Disciplinary Appeal Board against the action; or (fa) in the case of a direction referred to in paragraph (ca) – appeal to a Disciplinary Appeal Board against the direction; or (g) in the case of a direction, action or intention referred to in paragraph (d) or a decision or opinion relating to such direction, action or intention – appeal to an Inability Appeal Board against the direction, action or intention. Police Administration Act 1978 55 (2) For the purposes of this section, an Appeal Board shall be constituted by the following persons appointed by the Commissioner: (a) a Chairman, who shall be appointed from a panel approved for that purpose by the Minister on the advice of the Commissioner given after consultation by the Commissioner with the Police Association; (b) a person nominated by the Police Association; and (c) one other person, who shall be from a panel approved for that purpose by the Minister on the advice of the Commissioner. (3) Nothing in this Act prevents more than one Disciplinary or Inability Appeal Board (to deal with different matters under this Part) being in existence at the one time. (4) The Chairman and members of a Disciplinary or Inability Appeal Board hold office: (a) for 3 years; and (b) subject to the terms and conditions determined by the Minister. (5) The person appointed to be Chairman must: (a) be a lawyer who has been admitted to the legal profession for at least 5 years; or (b) have other qualifications or experience which, in the opinion of the Minister, are suitable for the office of Chairman. (6) In determining an appeal, a Disciplinary or Inability Appeal Board may: (a) disallow the appeal; or (b) allow the appeal in whole or in part and direct the Commissioner or member to take such action under sections 78, 81(2)(d), 81(3), 83 or 89 as the Appeal Board considers necessary. (7) In this section, for the purpose of enabling an appeal under subsection (1) against the dismissal of a member from the Police Force to be made, member includes a former member. Police Administration Act 1978 56