Police (Medical Retirement) Regulations 2019

The Regulations rely on a small set of recurring concepts. The text supplies definitions for some terms and cross‑references the Police Act 1892 and other statutes for others. The core concepts, with their operational consequences under these Regulations, are:

• Member and medical practitioner: these two terms are not defined within the Regulations themselves but are given meanings by section 33ZB of the Police Act 1892 (regulation 3). The Regulations therefore operate by reference to the Act’s substantive definitions; users must read s 33ZB to know precisely who falls within those categories. The Regulations treat a “member” as the individual subject to the medical retirement process, and “medical practitioner” as the clinical professional who will sit on the medical board (regulation 3).

• CEO (Health) and Department: CEO (Health) is defined in regulation 3 as the chief executive officer of the Department, and Department is defined as the department of the Public Service principally assisting in the administration of the Acts to which the Health Legislation Administration Act 1984 applies (regulation 3). The CEO (Health) is the central executive actor in the Regulations with appointment and authorisation powers (regs 4 and 5).

• Authorised person and delegation: an authorised person means a senior executive officer authorised by the CEO (Health) under regulation 4 (regulation 3). Regulation 4 permits the CEO (Health) to authorise a senior executive officer, in writing, to make appointments to medical boards. Senior executive officer is itself defined by reference to the Public Sector Management Act 1994 s 3(1) (regulation 3). Thus appointment authority is delegable but must be conferred in writing.

• Medical board and purpose: regulation 5 establishes the purpose of a medical board examination , to assist the Police Commissioner in making a determination under Part IIC of the Police Act whether the member should be medically retired (regulation 5(1)). The board must have at least three medical practitioners appointed by the CEO (Health) or an authorised person (regulation 5(2)). The CEO (Health) or authorised person may add further practitioners if considered appropriate (regulation 5(3)). The medical board is therefore an administrative fact‑finding and clinical advisory body, assembled by the Health Department’s executive.

• Privilege: the Regulations adopt a broad definition of privilege to include legal professional privilege for documents prepared for pending or contemplated proceedings or for legal advice, immunity from production where disclosure would be against the public interest, and immunity under an enactment (regulation 3). Privilege is the core ground on which the Police Commissioner may withhold documents and materials from a member under regulation 6(2), subject to obligations to notify the member of the ground of privilege (regulations 6(3) and 6(5)).

• Disclosure and inspection obligations: when the Police Commissioner gives a notice under s 33ZD(2) of the Act the Commissioner must give the member a copy of the medical board report and copies or inspection access to other documents and materials taken into account in forming the opinion that the member is medically unfit, except for privileged items (regulation 6(1)-(2)). The Police Commissioner must advise the member of the ground for privilege if items are withheld (regulation 6(3) and 6(5)).

• Service mechanics and deemed receipt: regulation 7 prescribes acceptable service methods for notices or documents required by specified provisions (s 33ZD(2), s 33ZE(1)(b), s 33ZE(5), s 33ZE(10)(a) and regulation 6(1)) and defines when service is taken to be effected for each method (regulation 7(1)-(4)). Notably, posted letters are treated as effective on the seventh working day after posting, and emails (only where written consent has been given and not withdrawn) are effective on the next working day after sending (regulation 7(3)(b) and (e)).

• Working day: working day is defined to exclude Saturdays, Sundays and public holidays throughout Western Australia (regulation 3). This definition feeds into deemed service timings and any calculation that depends on the working day concept (regulation 7(3)).

• Suspension of pay: regulation 8 requires that during any period where consideration is being given to retirement on medical grounds under Part IIC of the Act, neither the Police Commissioner nor the Governor may suspend the member’s pay. This is an express restriction on an employer action available during the administrative process in Part IIC (regulation 8).

These are the main legal and operational building blocks of the Regulations. Several of them operate by reference to provisions in the Police Act 1892 (s 33ZB, s 33ZC, s 33ZD, s 33ZE, Part IIC) and to other statutes (Health Legislation Administration Act 1984; Public Sector Management Act 1994). The Regulations thus provide procedural detail that interfaces with substantive rules in the Act, and they distribute responsibilities between the Commissioner, the Department (CEO (Health) and authorised officers), and the medical practitioners on a medical board.

(Regulation citations in this section: regs 3-8.)

The Regulations affect a defined, limited set of actors directly and several others indirectly through procedural interplay with the Police Act 1892.

Directly affected persons and entities:

• Members of the police force who are the subject of consideration for retirement on medical grounds under Part IIC of the Police Act 1892. The Regulations prescribe what documents they are to receive, how they may be served with notices and documents, the timelines for deemed receipt, and that their pay must not be suspended while consideration is ongoing (regulations 3, 6, 7, 8). The Regulations therefore shape the procedural rights and protections available to members in the medical retirement pathway.

• The Police Commissioner. The Commissioner is given express operational obligations: to give a member a copy of the medical board report and access to other documents and materials taken into account when forming the opinion that the member is medically unfit (regulation 6(1)); to advise a member of the ground of privilege if documents are withheld (regulations 6(3) and 6(5)); and to effect service of notices in the manners specified or to rely on those service methods as appropriate (regulation 7). The Commissioner is also explicitly prohibited (along with the Governor) from suspending the member’s pay during consideration under Part IIC (regulation 8).

• The CEO (Health) and authorised persons. The CEO (Health) has the power to appoint medical practitioners to the medical board (regulation 5(2)) and to authorise senior executive officers in writing to make appointments to medical boards (regulation 4). An authorised person, once authorised in writing, may appoint medical practitioners to a medical board (regulation 5(2)). Thus the Department determines the composition of the clinical advisory body used in Part IIC proceedings.

• Senior executive officers employed in the Department as defined in the Public Sector Management Act 1994 are eligible to be authorised persons, but only if given written authorisation by the CEO (Health) under regulation 4 (regulation 3; regulation 4). This creates a delegated appointment channel.

• Medical practitioners who may be appointed to medical boards. The Regulations require a minimum of three and permit additional practitioners to be added where deemed appropriate by the CEO (Health) or an authorised person (regulation 5(2)-(3)). The medical practitioner role is operationally significant because the medical board’s report must be provided to the member (regulation 6(1)(a)).

Indirectly affected actors:

• The Department of Health (operational branch). Although the Regulations name CEO (Health) and the Department in administrative roles, they also implicate the Department in logistics: appointing suitable medical practitioners, managing written delegations, and likely coordinating any payment, scheduling, record‑keeping and confidentiality arrangements that attend medical boards (regs 3-5, 6).

• Legal advisers and counsel to members and the Police Commissioner. The privilege rules (definition of privilege and the Commissioner’s obligation to notify the ground of privilege) will affect how legal advice and other privileged material are treated and may shape the evidence made available to members and their advisers (regulation 3; regulations 6(2)-(6)).

• Administrative staff responsible for service and record‑keeping. Regulation 7 prescribes service modes, deemed receipt timings, and requires written consent for email service. Whoever maintains addresses for service and email consents is affected operationally (regulation 7).

• The Governor, only insofar as regulation 8 prohibits suspension of a member’s pay during the consideration period; the Governor is named with the Police Commissioner in that restriction (regulation 8).

What the Regulations do not specify, and therefore who remains uncertain:

• The Regulations are silent on which party bears the cost of the medical board, whether medical practitioners are remunerated by the Department, the Commissioner, or by other means. Payment and cost allocation are not addressed in the Regulations (no provision in regs 1-8).

• The Regulations do not specify any fixed timelines for the medical board to complete its examination or for the Police Commissioner to form and communicate the opinion beyond the obligation to provide documents “as soon as practicable” after giving the notice required by section 33ZD(2) (regulation 6(1)). Consequently, affected persons must look to the Act or internal policy for any precise timing obligations.

In short, the Regulations primarily affect members under consideration for medical retirement, the Police Commissioner in terms of disclosure and service obligations, and the Department (CEO (Health) and authorised senior executives) in terms of assembling medical boards. Administrative and legal advisers servicing those actors are operationally affected by the mechanisms prescribed.

(Regulation citations in this section: regs 3-8.)

The Regulations create specific duties for the Police Commissioner and the CEO (Health), and they protect certain rights of the member under consideration for medical retirement. Below are the principal duties and rights established or clarified by the Regulations, with direct references.

Duties imposed by the Regulations

• CEO (Health) appointment and authorisation duty: The CEO (Health) may, in writing, authorise a senior executive officer to make appointments to medical boards (regulation 4). The duty is to effect such authorisations in writing where delegation occurs. The CEO (Health) also has the power to appoint medical practitioners to medical boards directly (regulation 5(2)). This allocates the administrative task of assembling medical boards to the Health Department executive.

• Medical board composition duty: The CEO (Health) or authorised person must appoint at least three medical practitioners to form a medical board for an examination under s 33ZC(2) of the Act (regulation 5(2)). The regulation also allows the CEO (Health) or authorised person to appoint additional medical practitioners if it is considered appropriate (regulation 5(3)). The duty is minimum composition and optional expansion, not a requirement to add more practitioners.

• Police Commissioner disclosure duty: If the Police Commissioner gives a member a notice under s 33ZD(2) of the Act, the Commissioner must, as soon as practicable after giving the notice, give the member a copy of the report provided by the medical board under s 33ZC(6) and give copies of, or make available for inspection, any other documents or materials that were examined and taken into account in forming the opinion that the member is medically unfit (regulation 6(1)(a)-(b)). The duty is both to provide the medical board report and to disclose other materials that informed the opinion, subject to privilege.

• Police Commissioner duty regarding privilege: The Police Commissioner is permitted to withhold privileged documents or materials, but must advise the member of the ground for the privilege if any such documents or materials are withheld (regulation 6(3) and 6(5)). Additionally, regulation 6(4) and (5) modulate the Commissioner’s duty to comply with section 33ZE(5) of the Act to the extent those documents have already been provided or are privileged.

• Service duties: The Police Commissioner must serve notices or documents required under specified parts of the Act or these Regulations by one of the prescribed methods, including personal delivery, pre‑paid posting to the member’s usual or last known abode or to an address for service provided by the member, leaving documents at the abode or service address, or emailing documents to an email address where the member has given express written consent (regulation 7(1)-(2)). When a particular service method is used, the Commissioner must treat service as having been effected at the times specified by regulation 7(3).

• Record and consent duties: By implication of the email service provisions, the Police Commissioner (or staff) must keep records of any written consent to email service and written withdrawals of consent, because email service is effective only if the member has expressly consented in writing and has not withdrawn that consent in writing at the time the email is sent (regulation 7(2)).

Rights established or confirmed for the member

• Right to receive the medical board report and supporting documents: Following the notice under s 33ZD(2), the member has the right to be given a copy of the medical board report and to be given copies or inspection access to documents and materials examined and taken into account by the Commissioner when forming the medical unfitness opinion, except where privilege applies (regulation 6(1)(a)-(b) and 6(2)). This right supports procedural fairness by ensuring the member can see the materials underlying the Commissioner’s opinion.

• Right to an explanation of privilege: If any document or material is withheld because of privilege, the member must be advised of the ground for the privilege (regulation 6(3) and 6(5)), unless that advice has already been provided under regulation 6(3). The right is not to the substance of the privileged material, but to notification of the reason for non‑disclosure.

• Right not to have pay suspended during consideration: The Regulations provide an explicit right (or protection) for the member that during any period where consideration is being given to retirement on medical grounds under Part IIC of the Act, the Police Commissioner and the Governor must not suspend the member’s pay (regulation 8). This creates a financial protection for the period of administrative consideration.

Duties and rights that are not fixed by the Regulations

• Timing standards: The Police Commissioner must provide the report and materials “as soon as practicable” after giving the notice (regulation 6(1)). This creates a duty to act promptly, but no specific deadline. The lack of fixed time limits means the duty is one of reasonable promptness rather than an absolute calendared obligation.

• Privilege scope and judicial questions: The Regulations define privilege broadly and permit withholding on those grounds (regulation 3; regulation 6(2)). The Regulations require notification of the ground for privilege, but they do not decide disputes as to whether privilege in fact applies or how any privileged status may be tested or adjudicated. Those matters may be governed by other laws or court processes not specified by these Regulations.

Operational consequences

• The Department, via CEO (Health) and any authorised senior executive officer, must maintain processes for appointing medical practitioners and documenting authorisations in writing (regulations 4-5).

• The Police Commissioner must maintain administrative systems to effect service in one of the prescribed ways, to compute deemed service dates, to track written consents to email service, and to prepare and disclose the medical board report and the non‑privileged materials in a timely way (regulations 6-7).

• Both the Commissioner and the Department must be prepared to explain (in writing) the ground for privilege when withholding material (regulation 6(3) and 6(5)).

(Regulation citations in this section: regs 3-8.)

The Regulations themselves do not create a bespoke penalty regime or civil or criminal sanctions within their text. They instead prescribe procedural obligations which operate within the enforcement and dispute framework of the Police Act 1892 and general administrative law. The following points explain what the Regulations do and do not do about enforcement and consequences for non‑compliance.

Absence of express regulatory sanctions

• No fines, offences or specific penalties: The Regulations contain no express offence provisions, monetary penalties, or administrative sanctioning mechanisms (regs 1-8). They do not state that failure to comply with a regulation attracts a particular statutory penalty.

Operational enforcement pathways implied by the Regulations

• Reliance on enabling Act mechanisms: The Regulations are procedural elaborations of Part IIC of the Police Act 1892 and cross‑refer regularly to sections of that Act (for example, sections 33ZB, 33ZC, 33ZD, 33ZE and Part IIC are cited in regs 3, 5 and 6-7). Any formal enforcement of the procedures or remedies for non‑compliance would therefore depend on the enforcement, appeal and judicial review mechanisms in the Police Act 1892 and in the general law of administrative review, not on the Regulations themselves. The Regulations do not displace or alter those Act‑level enforcement mechanisms in express terms.

• Judicial review and judicial remedies: Where a party alleges unlawful administrative action, breach of natural justice or failure to comply with statutory procedures, typical remedies available in Australian administrative law (such as mandamus, certiorari, prohibition or declaratory relief) might be sought in superior courts. The Regulations, however, do not create or limit access to those remedies; the existence and scope of judicial intervention are governed by the Act and general administrative law principles beyond the text of these Regulations.

• Operational compliance and administrative consequences: Non‑compliance by the Police Commissioner or the Department could have administrative consequences within the agencies involved (reputational costs, internal disciplinary processes, or corrective administrative steps), but the Regulations do not prescribe or authorise particular internal discipline. Any such internal enforcement would be undertaken under the agencies’ governance frameworks, not under the Regulations themselves.

Practical enforcement features built into the Regulations

• Required notices of privilege ground: The Regulations require the Police Commissioner to advise the member of the ground for any document or material being privileged where materials are withheld (regulations 6(3) and 6(5)). That requirement is a procedural one that creates a recordable administrative act; failure to provide that advice would be an omission susceptible to being raised in correspondence, internal review, or judicial review proceedings as part of a claim that the procedural protections in the Act and Regulations were not observed.

• Deemed service timings: Regulation 7 specifies when service is taken to be effected by each permitted method (regulation 7(3)). These deemed times are legal benchmarks for triggering rights and deadlines under the Act and Regulations, and therefore have enforcement significance in practice because they feed into time limits under the Act or other procedures. If a party relies on a deemed date and another party disputes the propriety of service, that is an enforceable factual issue in any dispute resolution or court process.

• Prohibition on suspending pay: Regulation 8 expressly prohibits the Police Commissioner and the Governor from suspending a member’s pay during the period in which consideration is being given under Part IIC. This prohibition is an operational limit on executive action and could be raised in remedial proceedings if a pay suspension were imposed in contravention of the Regulation. The Regulations do not specify the remedy but the prohibition is a legal constraint.

Summary

The Regulations establish duties and procedural benchmarks but leave enforcement and penalty mechanisms to the broader architecture of the Police Act 1892 and general administrative law. The most direct enforcement levers are therefore ordinary administrative law remedies, the statutory remedies in the Police Act where applicable, internal administrative consequences within the Commissioner’s office or the Department, and the evidentiary force of the processes the Regulations require (for example, the requirement to advise a ground for privilege creates a discrete procedural act that can be relied upon in dispute resolution). The Regulations do, however, provide legally significant benchmarks (such as deemed service dates and the prohibition on pay suspension) that can be invoked in any enforcement or remedial process.

(Regulation citations in this section: regs 6-8; cross‑references to Police Act sections cited in regs 3-7.)

The Regulations operate by reference to, and in conjunction with, the Police Act 1892 and several other statutes. They are procedural regulations designed to sit under the Act and to integrate with existing administrative, employment and health governance frameworks. The following itemises the explicit cross‑references and practical interaction points.

Primary interactions with the Police Act 1892

• Definitions and substantive stages: The Regulations rely on section 33ZB of the Police Act 1892 for the definitions of “member” and “medical practitioner” (regulation 3). They also expressly implement procedural detail tied to Part IIC of the Act and to several named sections, including s 33ZC (medical board examination), s 33ZD (notice), and s 33ZE (certain disclosure provisions) (regulations 5-7). The Regulations therefore operate as subordinate rules that provide mechanics for the medical retirement pathway set out in the Act.

• Deemed receipt and act‑level consequences: The deemed service timings in regulation 7 are designed to determine when notices or documents specified in s 33ZD(2), s 33ZE(1)(b), s 33ZE(5) or s 33ZE(10)(a) of the Act (and regulation 6(1)) are taken to be given. These timing rules will thus feed directly into any time‑sensitive rights or obligations under those sections of the Act, including appeal periods, deadlines to respond, and the starting points for other statutory timelines.

• Protection against pay suspension: Regulation 8 prohibits suspension of pay by the Police Commissioner or the Governor while consideration under Part IIC is ongoing. This interacts with any provisions in the Police Act or other employment legislation that otherwise permit suspension of pay; the Regulation imposes a specific limit in the context of Part IIC and must be read alongside the Act’s employer powers and the Act’s procedures.

Interaction with health administration and departmental legislation

• Health Legislation Administration Act 1984: The definition of Department in regulation 3 refers to the department principally assisting in administration of the Acts to which the Health Legislation Administration Act 1984 applies. This anchors the Departmental actor in the Health portfolio and points to the Health Department’s administrative structures and obligations when assembling medical boards or otherwise performing duties under these Regulations.

Interaction with public sector management law

• Public Sector Management Act 1994: Regulation 3 defines senior executive officer by reference to s 3(1) of the Public Sector Management Act 1994. Regulation 4 then permits the CEO (Health) to authorise a senior executive officer (as so defined) in writing to make medical board appointments. This cross‑reference means the delegation framework, employment status and responsibilities of senior executive officers are governed by the Public Sector Management Act, and that any authorisation must be consistent with that Act’s definitions and governance.

Interaction with privilege and confidentiality law

• Privilege and enactment immunity: The Regulations adopt a broad definition of privilege to encompass legal professional privilege, public interest immunity and immunity under an enactment (regulation 3). That means claims of privilege are to be assessed under the relevant rules of legal professional privilege, the public interest immunity doctrine, and any other statutory immunities. The Regulations do not define the mechanics for contesting privilege or the standard for establishing it; those matters remain governed by common law and other statutes.

Operational interactions with employment and administrative law

• Administrative law remedies and judicial review: The Regulations do not create or limit remedies but interact with standard administrative law. Where a party contends the Commissioner or Department breached procedural obligations in the Regulations or the Act, that contention will typically be addressed by referral to internal review mechanisms in the Act or general remedies in superior courts. The Regulations supply procedural duties that may be material to such challenges.

• Evidence rules and disclosure obligations: The obligations in regulation 6 to disclose the medical board report and non‑privileged materials will intersect with evidence‑gathering, confidentiality and privacy law. The Regulations require the Commissioner to provide copies or inspection access, but do not override privacy legislation or other statutes that provide separate constraints; the practical interplay will require the Commissioner to treat privacy/confidentiality and privilege issues appropriately and possibly to seek legal advice about partial redactions or lawful non‑disclosure.

Summary

The Regulations are a procedural layer that integrates closely with the Police Act 1892 (particularly Part IIC and sections 33ZB, 33ZC, 33ZD and 33ZE), with the Health Legislation Administration Act 1984 (by locating the Department), with the Public Sector Management Act 1994 (for the status of senior executive officers), and with existing doctrines of privilege and administrative law. They do not displace or supersede the substantive provisions or remedies in those instruments; rather, they define how certain procedural steps are to be taken and by whom, and they prescribe timings and notification obligations that will be consequential when read together with the Act.

(Regulation citations in this section: regs 3-8; compilation table for commencement linkage.)

The Regulations are recent and concise. The compiled information included in the instrument identifies their initial gazettal and commencement dates. The key facts drawn from the text are as follows:

• Title and gazettal: The instrument is the Police (Medical Retirement) Regulations 2019. They were published in the Western Australian Government Gazette on 29 November 2019 and appear at pages 4135-41 (compilation table).

• Commencement schedule: Regulation 2 provides a staggered commencement. Regulations 1 (citation) and 2 (commencement) came into operation on the day of Gazette publication, 29 November 2019 (regulation 2(a); compilation table). The rest of the Regulations (regulations 3-8) commenced on the day on which Part 2 of the Police Amendment (Medical Retirement) Act 2019 came into operation (regulation 2(b)). The compilation table confirms that regulations other than 1 and 2 commenced on 30 November 2019 (compilation table, noting the Act’s Part 2 commencement).

• No subsequent amendments recorded in the instrument: The text supplied is a single compilation showing original gazettal and commencement. The instrument itself does not list any subsequent amending instruments or alterations. The compilation table is limited to the initial entry, and no amendment history entries or dates of subsequent changes are provided in the supplied text.

Practical note on tracking future amendments

• Because the Regulations were enacted to implement procedural mechanics for the Police Amendment (Medical Retirement) Act 2019, any future changes to the Act’s Part IIC or to related administrative practices (for example, Health Department delegations or public sector management definitions) could necessitate amendments to these Regulations. The Regulations themselves contain no periodic review or sunset clauses.

• To maintain accuracy in practice, users should consult the consolidated or current volume of statutes and regulations published by the Western Australian Government or the official legislation website for any subsequent amending instruments that post‑date the 2019 compilation. The compilation table in these Regulations records only the initial data; future amendments would be listed in later compilations and gazette entries.

In summary, the instrument was gazetted on 29 November 2019, with most provisions commencing on 30 November 2019 in step with the commencement of Part 2 of the enabling Act. There are no amendment entries or later changes recorded in the supplied text.

(Regulation citations in this section: regs 1-2; compilation table.)

The Regulations themselves do not identify or record any litigation. The instrument is a short procedural regulation and contains no references to decisions or proceedings interpreting its provisions. The text provided contains no case names, judicial references, or annotated litigation notes.

Relevant observations about litigation risk and practice:

• No cases named in the Regulations: The Regulations do not cite any judicial authority or decision. They are pure subordinate legislation providing procedural detail for the Police Act 1892’s medical retirement framework. Any litigation that might arise in relation to these Regulations would most likely involve challenges to actions taken under the Regulations (for example, claims of failure to provide materials, dispute over privilege claims, disputes over service, or alleged improper suspension of pay contrary to regulation 8), but no such proceedings are reported in the Regulations themselves.

• Potential sources of litigation (not present in the text): Disputes likely to reach courts or tribunals would be matters alleging breach of procedural fairness, breach of statutory duties in the Act or Regulations, contested claims of privilege, or a claim that pay was suspended in contravention of regulation 8. Such litigation would arise under administrative law principles or under statutory appeal provisions in the Police Act, where applicable. The Regulations do not, however, provide a litigative record or any guidance on forum or appellate pathways.

• Monitoring required: Because the Regulations do not contain a litigation history, practitioners and compliance officers should monitor court decisions and administrative determinations arising from Part IIC and from the Police (Medical Retirement) Regulations for emerging interpretation, particularly on issues such as (a) what information must be disclosed under regulation 6, (b) the limits of privilege in this context and when the Commissioner must disclose grounds of privilege, (c) the application of deemed service timings in regulation 7, and (d) the scope and enforceability of the pay suspension prohibition in regulation 8. Any judicial interpretation would alter operational practice; none is recorded in the instrument.

Conclusion

There is no litigation history contained in the Regulations themselves. Any judicial or tribunal decisions interpreting or applying the Regulations will be found in external case law resources or in records of proceedings under the Police Act; the Regulations do not supply those materials.

(Regulation citations in this section: none beyond acknowledging regs 3-8; the Regulations contain no case references.)

The Regulations are brief but contain several specific procedural rules and discretionary features where operational missteps or misunderstandings can produce consequences. The following list identifies concrete pitfalls and points that practitioners and administrators commonly misread or overlook, with regulator citations.

Email service requires express written consent and active status (regulation 7(1)(e), 7(2), 7(3)(e))

• A notice or document can only be served by email if the member has expressly consented in writing to service by email and has not subsequently withdrawn that consent in writing at the time the email is sent (regulation 7(2)). Oral consent, implied consent, or an email address on file without the specific written consent will not suffice. If the written consent is withdrawn before sending, email service is invalid for the purposes of regulation 7. Email service is taken to be effective on the next working day after sending (regulation 7(3)(e)), so careful record keeping of the consent and the time of sending is essential.

Postal service is deemed late by working‑day count (regulation 7(3)(b); regulation 3 working day definition)

• A properly addressed and posted pre‑paid letter is taken to be served on the seventh working day after posting (regulation 7(3)(b)). Working day excludes Saturdays, Sundays and public holidays in Western Australia (regulation 3). Users must count working days, not calendar days, when relying on posted service to calculate deadlines. Miscounting could misstate when an appeal window or response deadline begins.

“Usual or last known place of abode” can be unreliable in mobile populations (regulation 7(1)(b)-(c))

• Regulation 7 allows service to the “usual or last known place of abode.” If a member has moved and not provided an address for service, postage or leaving at the last known abode may produce a deemed date even where the member did not actually receive the notice in a timely fashion. Where possible, obtain and verify a current address for service in writing to avoid disputes about receipt.

Privilege exceptions require written notification of grounds (regulations 6(2)-(3), 6(5))

• The Police Commissioner may withhold privileged documents or materials but must advise the member of the ground for the privilege if any material is withheld (regulation 6(3) and 6(5)). The Regulations define privilege broadly (regulation 3). A common operational error is to withhold material without providing a clear written explanation of the privilege ground; failure to provide that explanation may be raised as a procedural omission. The Regulations do not specify the format for the notification, but a contemporaneous written record is prudent.

“As soon as practicable” is not a fixed deadline (regulation 6(1))

• The Commissioner must give the medical board report and the other documents as soon as practicable after giving the s 33ZD(2) notice (regulation 6(1)). This is a standard administrative law phrase that requires promptness but does not set a particular calendar deadline. Parties should document reasonable steps and timelines to avoid allegations of undue delay.

Regulation 6(4) narrows compliance with s 33ZE(5) in two specified ways

• Regulation 6(4) provides that the Commissioner is not required to comply with section 33ZE(5) of the Act to the extent the Commissioner has already provided the documents or materials under regulation 6(1), or the documents are privileged (regulation 6(4)(a)-(b)). Practitioners must cross‑check what has already been provided under regulation 6(1) before relying on s 33ZE(5) obligations, to avoid duplication or inconsistent representations concerning disclosure obligations.

CEO (Health) appointments are a Departmental decision (regulations 4-5)

• The medical board is constituted by appointments made by the CEO (Health) or an authorised senior executive officer acting under written delegation (regulation 5(2); regulation 4). A common practical issue is failing to obtain written delegations before relying on an authorised person’s appointments. The delegation must be in writing (regulation 4), and the person authorised must be a senior executive officer as defined in the Public Sector Management Act (regulation 3). Check the written authorisation before acting on the appointment.

Minimum board size and optional expansion (regulation 5(2)-(3))

• The Regulation requires that the board consist of three medical practitioners as a minimum (regulation 5(2)). The CEO (Health) or authorised person may appoint additional medical practitioners if considered appropriate (regulation 5(3)). Do not proceed with a medical board of fewer than three practitioners; doing so would be inconsistent with the Regulation.

Pay cannot be suspended while consideration is ongoing (regulation 8)

• The Police Commissioner and the Governor are prohibited from suspending the member’s pay during any period in which consideration is being given to retirement on medical grounds under Part IIC (regulation 8). If pay is suspended notwithstanding this rule, the action would appear to contravene regulation 8 and could be challenged. Ensure payroll and human resources are instructed to continue pay during the Part IIC consideration period.

“Consideration being given” is a fact question for timing (regulation 8)

• The Regulations prohibit pay suspension while consideration is being given under Part IIC, but the Regulations do not define the start or end of “consideration being given.” Parties should carefully document when consideration begins and ends, as that determines the period during which pay must not be suspended. The Regulations do not supply a bright‑line test; factual records will be important in any dispute.

Records and evidence are crucial

• Because many of the procedural rules depend on written consents, written delegations, timings of service, and written notifications of privilege grounds, failure to document these matters increases the risk of disputes and potential administrative review. Maintain contemporaneous records of notices given, materials provided, delegate authorisations, email consents/withdrawals, and postal posting dates.

Summary

The Regulations include a number of precise procedural requirements where operational slippage can have material consequences , especially around email consent, postal working‑day calculations, delegation in writing, privilege notifications, and the pay suspension prohibition. Administrators should build checklists and records aligned to the regulation numbers to avoid avoidable challenges.

(Regulation citations in this section: regs 3-8.)

Compliance with these Regulations requires administrative processes to ensure timely appointments, disclosure, service, record‑keeping and continuity of pay. The following practical checklist sets out actions and documentary practices mapped to the Regulations so the Department, the Police Commissioner and their staff can operationalise compliance. Because some definitions and substantive rights are in the Police Act 1892, the checklist assumes concurrent reference to Part IIC and defined terms in s 33ZB.

1. Governance and delegation (regulations 3-5)

   • Ensure the CEO (Health) issues any necessary written authorisations to senior executive officers before those officers make appointments to medical boards (regulation 4). Retain the written authorisation on file and ensure it identifies the scope and effective dates.
   • Maintain a register of authorised persons and copies of their written authorisations for audit and evidentiary purposes.
   • Establish a standard operating procedure for the CEO (Health) or authorised person to appoint at least three medical practitioners to each medical board, documenting names, qualifications and appointment dates (regulation 5(2)). If the board size is to be increased, record the decision and reasoning for appointing additional medical practitioners (regulation 5(3)).

2. Medical board logistics (regulation 5)

   • Prepare engagement letters or appointment letters for medical practitioners setting out the scope of the examination, confidentiality obligations, reporting expectations and timelines. While the Regulations do not set fees or timelines, documenting expectations reduces delay risks.
   • Record the medical board’s report and ensure it is prepared in a form that can be disclosed to the member, subject to withholding legitimate privileged material.

3. Disclosure and privilege handling (regulation 6)

   • Develop a disclosure protocol for the Police Commissioner when giving a notice under s 33ZD(2): the protocol should ensure the medical board report is copied and provided to the member “as soon as practicable” (regulation 6(1)(a)).
   • Identify and catalogue all documents and materials examined and taken into account in forming the Commissioner’s opinion. Distinguish privileged material from non‑privileged material, using legal advice where needed.
   • For non‑privileged items, provide copies or make them available for inspection as required by regulation 6(1)(b). Document the date and method of provision or inspection access.
   • For privileged items that are withheld, prepare a written notification for the member explicitly stating the ground for privilege relied upon (regulation 6(3) and 6(5)). Keep a record that the written notification was served and the method of service.
   • Cross‑check whether documents have already been provided under regulation 6(1) before invoking section 33ZE(5) compliance, in light of regulation 6(4)(a)-(b).

4. Service and address management (regulation 7)

   • For every member, obtain and retain in writing a current address for service, and encourage members to provide an address expressly for service of notices and documents (regulation 7(1)(b) and 7(1)(d)).
   • If intending to serve by email, secure the member’s express written consent to service by email, and record any written withdrawal of consent. Ensure the consent is stored with the member’s file (regulation 7(2)).
   • When serving by post, compute service dates using working days (excluding Saturdays, Sundays and public holidays in Western Australia) and treat the posted letter as effective on the seventh working day after posting (regulation 7(3)(b); regulation 3 definition of working day).
   • When serving by email, note that service is taken to be effected on the next working day after the email is sent (regulation 7(3)(e)). Time the sending to ensure deadlines are met.
   • Keep proof of posting, proof of delivery, and email logs; maintain a service log that records the method used and the date on which service is taken to be effected under regulation 7(3).

5. Timeliness and “as soon as practicable” (regulation 6(1))

   • Adopt an internal target timeframe for producing and delivering the medical board report and related materials following the s 33ZD(2) notice to give effect to the “as soon as practicable” obligation. Document the reasons if a longer timeframe is necessary.
   • Track start and end dates of “consideration being given” under Part IIC, and record the administrative steps performed during that period so that the prohibition on suspending pay (regulation 8) can be observed and evidenced.

6. Payroll and employment actions (regulation 8)

   • Instruct payroll and HR units that the member’s pay must continue during any period of consideration under Part IIC and that neither the Commissioner nor the Governor may suspend pay during that period (regulation 8).
   • Produce a written internal policy confirming the prohibition on pay suspension, with escalation steps if there is a question about whether consideration is ongoing.

7. Record keeping and audit trail

   • Maintain an integrated file for each medical retirement case containing: s 33ZD(2) notice, medical board report, copies of all documents disclosed or a record of inspection access, written notifications of grounds of privilege, written delegations and authorisations, service records (including email consents), payroll instructions, and any correspondence related to “as soon as practicable” timeframes.
   • Prepare a folder for legal counsel documenting the legal basis for privilege claims in case of contested disclosure or judicial review.

8. Coordination between agencies

   • Establish contact points between the Police Commissioner’s office and the Department (CEO (Health)) to facilitate quick appointments of medical practitioners and to arrange disclosure logistics.
   • Where additional health or legal advice is required, seek it promptly to ensure timely compliance with the disclosure and privilege notification duties.

9. Training and checklists

   • Train relevant staff (HR, legal, administrative, departmental delegates) on the specific requirements of regulations 4-8, with checklists mapping actions to applicable regulation numbers.
   • Ensure staff understand the consequences of failing to document consents, delegations and service steps.

10. Review and update

• Periodically review internal processes against the Regulations and against any changes to the Police Act or to departmental policies. Update checklists and templates as required.

These steps are designed to create a defensible administrative trail that demonstrably aligns with the Regulations’ written requirements: written authorisations for appointments, minimum medical board composition, disclosure of the medical board report and non‑privileged materials “as soon as practicable,” written notification of privilege grounds when materials are withheld, compliance with prescribed service methods and deemed receipt timings, and continuing payment while consideration under Part IIC is ongoing.

(Regulation citations in this section: regs 3-8.)