Police Service Act 2003
75AHearing of applications for review
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75A Hearing of applications for review
[Section 75A Inserted by No. 12 of 2009, s. 15, Applied:09 Jun 2009]
(1) On the hearing of an application for review, a witness is only to be examined or cross-examined if the Police Review Board is satisfied that it is necessary to do so.
(2) On determining an application for review under Division 3 , the Police Review Board may uphold the application for review in whole or in part, or may dismiss the application, and may make such orders as it considers necessary or desirable for the purpose of giving effect to its decision.
(3) Without limiting subsection (2) , on the determination of an application for review under Division 3 , the Police Review Board may make any one or more of the following orders:
(a) an order that the rank or rate of remuneration to which the applicant was reduced by the Commissioner be a higher or lower rank or rate of remuneration than that to which the applicant was so reduced;
(b) an order that the amount of any fine imposed on the applicant by the Commissioner be increased or reduced;
(c) an order that the amount of the remuneration that the Commissioner directed should be forfeited by the applicant be increased or reduced.
(4) Subject to section 75B , the decision of the Police Review Board upon the determination of an application for review under this Division is final and the Commissioner is to give effect to that decision accordingly.
(5) If a person is reinstated or reappointed as a police officer, or reinstated or reappointed to a rank, the person is taken to have continued in service as a police officer, or at that rank, during the period of demotion, suspension or termination.
(6) When determining an issue of remuneration in relation to an application for review, the Police Review Board is to take into account any employment undertaken and income received by the applicant during his or her period of suspension or termination, including any income derived from outside the Police Service.